You want the government knowing what you do in your bedroom? Did you know it's illegal for married couples to have oral sex in S.C.? Do you think that law ought to be enforced? And please tell me HOW?
Using that train of thought, should do away with child abuse, since that mostly happens behind closed doors.
Child abuse is usually discovered because of injuries to the child. Also has nothing to do with consenting adults. Different situation entirely.
The issue is this: laws define the morals of a society. When we ban sodomy, we are saying that homosexuality activity is immoral and ought not be encouraged, much like we ban prostitution (sex for money), but not sex for free.
Unmarried sex for free has also been illegal. Problem is, how are you going to enforce it?
You don't have to "spy" on a neighbor, which is what the 4th Amendment is for, but for when the crime is observed or come upon, like the vast majority of witness-associated crime occurs.
How are you going to enforce sodomy laws?
That's the point that's been lost in all of this. The cops cannot enforce this ban. So why am I bitching about it?
It is the job of society to uphold the public morality. It is the job of society to define what is right and wrong and then enforce it informally by shunning, social pressure, standards and so on. When everyone in a society agrees on what is right and what is wrong, then they pass laws to affirm what they already believe to be true. Most of the time, these laws are enforced by social disapproval of the behavior. If people's standards have changed, then they will repeal these laws via their elected officials.
What dimwittitarians don't realize is that every time something like this happens it's not 'liberty'. It's the increasing encroachment of the Feds arrogating more power to themselves. The entire purpose of the enumerated and delegated power structure of the federal Constitution was to let states and localities define for themselves the way they wish to live. Congrats libertarians. You got what you wanted, no voting required.
BTW, libertarians, the Bill of Rights was voted on, wasn't it? Oh, that's right. It was handed down in stone tablets from Mount Ayn Randi.