I The Constitution Does Not Contain an Express or Implied Right to Engage in Homosexual Sodomy.
A. Only activities historically considered beyond the reach of government regulation are protected by the Due Process Clause of the Fourteenth Amendment.
B. The non-textual fundamental rights that this Court has recognized in the Due Process Clause of the Fourteenth Amendment have protected marriage, child-bearing, and the family - not extramarital sex, and certainly not homosexual sodomy.
II. The Choice to Engage in Homosexual Sodomy (As Opposed to the Inclination) Is Not a Suspect Classification Under The Equal Protection Clause of the Fourteenth Amendment.
III. Recognizing a Fundamental Constitutional Right to Engage in Homosexual Sodomy Will Damage the Legitimacy of this Court and Enshrine a Dangerously Expansive Concept of Individual Freedom.