Of course, this is equally true of the abortion issue, which the Supreme Court decided on its own.
Frankly, I don't see the fascination with this "sodomy". To each their own, I guess.
Anyway, while the constitution doesn't delineate a right to sodomy, it does profess a right to life, liberty, and the persuit of happiness. It also at least alludes to a right of privacy as in "a person and their effects" are free from illegal search and seizure. I think there is enough leeway to allow the supreme Court to tell the individual state that it isn't to regulate private behavior. JMHO
One of the rare FReepers who gets it. Give the man a cee-gar.
Yes, you're right. The FACT is that the Constitution was struck KNOWING FULL WELL that the state and local governments had far more leeway with things that the COnstitution would never concern itself with.
And you're also right that the states have the right to allow IMMORALITY just as they do MORALITY.
I am four-square against the legalization of narcotics, but I recognize it is the right of any state to make them legal if it wants to--but it then has to contend with the problem of interstate trafficking, and people who don't understand that the Feds DO have a role to play there are just blind.
If legalization of drugs came up in my state of Texas, I'd do anything I could to defeat it. If it passed, I'd probably move so I wouldn't have to live in that society.
The states are laboratories, and should always be. I look at what is going on in the Socialist Republic of California, and I'm glad it's happening there and not here. I recognize their right to create a socialist hell-hole on earth if they want to, but I'm not going to live in it.
Your thinking faces 180 degrees away from liberty. Our tyrannies come from just your kind of logic and are supported by you and those that think like you do.
The Constitution is not a deliniation of rights eventhough it does list a few, Amendment IX is very specific about that. Rights are not something dispensed by government. They inhere to individuals and are independent of any state or form of state.
All governments, including states have no rights. Only individuals have rights. States have powers, not rights. The purpose of those powers is to secure the rights of individuals.