[B Knotts]

Justice Scalia's dissent is brilliant. He exposes to clear view the hypocrisy and inconsistency of the majority.

Interestingly, he says the majority did not rely on Griswold's privacy right; he says they decided that no legitimate state interest was shown.

[B Knotts]

SCALIA, J., dissenting:

I do not know what "acting in private" means; surely consensual sodomy, like heterosexual intercourse, is rarely performed on stage.

LOL

[jethropalerobber]

Interestingly, he says the majority did not rely on Griswold's privacy right; he says they decided that no legitimate state interest was shown.

kennedy's opinion also decided that no legitimate state interest was shown in this case (if you read it).

[jethropalerobber]

Interestingly, [Scalia] says the majority did not rely on Griswold's privacy right; he says they decided that no legitimate state interest was shown.

from the last page of kennedy's opinion:

"The Texas statute furthers no legitimate state interest which can justify its intrusion into the personal and private life of the individual."