Which, by the tenth amendment makes it a state matter. Unless of course you want to argue that a privacy right protecting homosexual activity existed at the time as is a right retained by the people, as specified in the 9th amendment.
That's not to say that if today's decision hadn't happened, that the police could go breaking down doors looking for homosexual sodomy in progress, the fourth amendment would prohibit that. I agree with Justice Thomas that the law is pretty silly and mostly unenforceable, but that it's a matter for the states, including state courts applying state constitutions, not for the federal courts.
That's not to say that if today's decision hadn't happened, that the police could go breaking down doors looking for homosexual sodomy in progress, the fourth amendment would prohibit that. I agree with Justice Thomas that the law is pretty silly and mostly unenforceable, but that it's a matter for the states, including state courts applying state constitutions, not for the federal courts.
Just want to repeat it again.