[BikerNYC]

But that would mean that the "rights" referred to in the 9th Amendment are retained by the States. Rather, they are retained by individuals and States cannot legislate to deny them either.

[CLRGuy]

Actually states can do just about anything they want, even set up a theocracy if they please (because the bill of rights and such apply to the federal government). Citizens in that theocracy, however, would be free to move from one state to another that didn't have such rules.

Current jurisprudence doesn't agree with me, but then again, they don't agree with you either :p.

[Jim Noble]

>>Rather, they are retained by individuals<<

It is correct that Nine protects the rights of individuals. But it is also correct that the Founders clearly contemplated "the People" as both singular and plural.

"The People", in their States, could establish churches, outlaw lewdness, forbid pornography, regulate intercourse between the races, all without violating Nine.