The issue presented is whether the Federal Constitution confers a fundamental right upon homosexuals to engage in sodomy, and hence invalidates the laws of the many States that still make such conduct illegal, and have done so for a very long time…. Respondent would have us announce, as the Court of Appeals did, a fundamental right to engage in homosexual sodomy. This we are quite unwilling to do.
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Bowers v. Hardwick, 478 U.S. 186 (1986).Byron White
There is a fundamental similarity between the persecution of individuals who engage in consenting homosexual activity in private, or who ingest, inject, or smoke various substances that alter their feelings and thoughts—and the traditional persecution of men for their religion. ... What all of these persecutions have in common is that the victims are harassed by the majority not because they engage in overtly aggressive or destructive acts, ... but because their conduct or appearance offends a group intolerant to and threatened by human differences.
Thomas Szasz
On the right to sodomy: [Laws] prohibiting sodomy do not seem to have been enforced against consenting adults acting in private... I do not know what 'acting in private' means; surely consensual sodomy, like heterosexual intercourse, is rarely performed on stage.
Antonin Scalia
You remember what a fabulous success court-ordered "desegregation" plans have been. Few failures have been more spectacular. Illiterate students knifing one another between acts of sodomy in the stairwell is just one of the many eggs that had to be broken to make the left's omelette of transferring power from states to the federal government.
Ann Coulter
One can conclude that certain essential, or fundamental, rights should exist in any just society. It does not follow that each of those essential rights is one that we as judges can enforce under the written Constitution. The Due Process Clause is not a guarantee of every right that should inhere in an ideal system. Many argue that a just society grants a right to engage in homosexual conduct. If that view is accepted, the Bowers decision in effect says the State of Georgia has the right to make a wrong decision — wrong in the sense that it violates some people's views of rights in a just society. We can extend that slightly to say that Georgia's right to be wrong in matters not specifically controlled by the Constitution is a necessary component of its own political processes. Its citizens have the political liberty to direct the governmental process to make decisions that might be wrong in the ideal sense, subject to correction in the ordinary political process.
Anthony Kennedy
White, Byron
White, Dana
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