[ellery]

No, that was one of the main issues: in Texas sodomy was legal between a man and a woman, but illegal between two people of the same sex. However, the court seemingly did not overturn the law on this equal protection basis.

[Taxbilly]

"No, that was one of the main issues: in Texas sodomy was legal between a man and a woman, but illegal between two people of the same sex. However, the court seemingly did not overturn the law on this equal protection basis."

But if this is based on the ever elusive unwritten constitutional right to privacy how do you maintain that a child and an adult do not have that same right to violate the law as long as their doing it behind closed doors?

[robertpaulsen]

"did not overturn the law on this equal protection basis."

Perhaps that's for the best. Equal protection (OK for heterosexuals = OK for homosexuals) would open the door to gay marriage, yes?