[The Red Zone]

Punishing someone for expressing his sexual preference through noncommercial consensual conduct with another adult does not appear to be a worthy way to expend valuable law enforcement resources.

One thing Thomas apparently didn't note is how rarely this happens, inherently because the 4th Amendment makes it so difficult to ascertain. Doesn't sound to me like a lot of cop time was being blown on such endeavors.

[B Knotts]

Unquestionably, enforcement of such laws are rare. I think Thomas makes a good point, though, that the court should not be trying to take the place of the legislature.