[mrsmith]

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. "

Apparently some people think the states did not have laws against homsexuality when the Constitution was ratified.
Or they don't care and just read into this whatever rights they want to, instead of what the founders meant.
Nothing like a living Constitution for flexibility.

[CholeraJoe]

In Griswold v. Connecticut:

'' 6 Thus, while privacy is nowhere mentioned, it is one of the values served and protected by the First Amendment, through its protection of associational rights, and by the Third, the Fourth, and the Fifth Amendments as well. The Justice recurred to the text of the Ninth Amendment, apparently to support the thought that these penumbral rights are protected by one Amendment or a complex of Amendments despite the absence of a specific reference. Justice Goldberg, concurring, devoted several pages to the Amendment.