[jayef]

You are correct. That is exactly what the Supreme Court must judge. I believe the "equal protection" case is strongert than the "privacy" case. The Texas law is clearly unconstitution on an "equal protection" grounds.

[MHGinTN]

Well! Now you're starting to make sense! Read Sandra O'Connors message in support of the majority ... she had it right, as far as she took it. Sadly, the wrongheadedness of the Texas law should have been addressed by the Texas elected representatives, not the SCOTUS. Had they taken O'Connor's route, I believe they would have addressed the particular behavior without opening the door to 'ANY private activity between consenting adults', which is an invitation to nullify a spouse's protection in the law to sue for divorce based on adultery (a degeneration of the marriage contract) since the activity will no longer be proscribable as a breach of the marriage contract because it is done bewteen consenting adults in private.