There's always been a right to buggery. (Yes, we have the right to do some evil, immoral things. We have the responsibility not to, but that's another matter.) There are many other good and evil things we have a right to. As time passes, we realize their existence. Thanks to the wisdom of the Founders, those rights are usually protected by the 9th Amendment. In a few cases, such as with slavery and women's suffrage, other amendments were needed. Existing Constitutional language was already abridging these rights. To do away with legal buggery, we would need a Constitutional amendment. We can't simply wish it out of the 9th Amendment.
(On a side note, the idea of letting politicians "wish away" provisions of the Constitution is what lead Alan Dershowitz to view the 2nd Amendment as an individual right; even though he'd like to see it repealed. If such wishful thinking can be allowed with one part of the Constitution, it can be allowed with others. "Foolish liberals... are trying to read the Second Amendment out of the Constitution by claiming it's not an individual right or that it's too much of a safety hazard. They don't see the danger in the big picture. They're courting disaster by encouraging others to use the same means to eliminate portions of the Constitution they don't like.")