Tell me, If the Founders intended Sodomy to be a right under the 9th Amendment, Why did they outlaw it in every state, including making it a Capital crime in Many States?
Your attempt to appeal to the founders is at best, facetious.
Do you think EVERY law that was on the books at the start of the Republic should still be on the books?
The founders explicitly allowed slavery. Should we return it to its rightful and legal position in America?
The Founders did not allow women to vote. She we ban them from voting?
The Founders considered blacks to be 3/5ths of a person in the census. Should we return to that standard?
Using the founders as a basis in arguing for position A can put you in a horrible bind on position B