“Damn. By what justification?”
Underlying Lawrence, Roe v. Wade and all the Supreme’s “morality” rulings is the notion that the morality of the Ruling Class should be enforced on us lesser folks and if it requires the Court to sodomize the Constitution, so be it.
The technical legal rationalization is the “right to privacy”, which got invented by the Court in Griswold v. Connecticut (a contraception case), extended in Gideon v. Wainwright and then went completely out of control in Roe vs Wade.
Griswold was the case where Justice Douglas discerned “emanations and penumbras” around the bill of rights that made it clear to him there was a right of privacy in the Constitution that precluded states from regulating contraception. The rest of right to privacy law is built on that one thin reed. And it all comes back to imposing the Ruling Class’s morality on us bourgeoisie.
It is like the government claiming that smoking tobacco is no different than not smoking tobacco. Or even worse, it is like the government condoning smoking cigarettes and ignoring the fact that there are health issues.
I believe you are referring to Eisenstadt v. Baird (1972). Gideon dealt with the right to counsel in the Sixth Amendment, not the right to privacy.