According to Justice Kennedy: Liberty protects the person from unwarranted government intrusions into a dwelling or other private places.In our tradition the State is not omnipresent in the home.The most widely used definition of sodomy is “crimes against nature,” meaning that any non-penile/vaginal intercourse, such as oral and anal sex, is considered illegal. Though some states target both homosexual and heterosexual couples, several states design sodomy laws to specifically target homosexual couples.
“[W]hat justification could there possibly be for denying the benefits of marriage to homosexual couples exercising ‘the liberty protected by the Constitution’?Surely not the encouragement of procreation, since the sterile and the elderly are allowed to marry,” Scalia wrote back in 2003, in “What justification could there possibly be for denying the benefits of marriage to homosexual couples?” Again in 2013, it was Scalia’s words opposing Kennedy’s decision in opinion, explicitly said the Court’s decision wasn’t ruling on same-sex marriage as a constitutional right. “The real rationale of today’s opinion, whatever disappearing trail of its legalistic argle-bargle one chooses to follow, is that DOMA is motivated by ‘bare … How easy it is, indeed how inevitable, to reach the same conclusion with regard to state laws denying same-sex couples marital status,” Scalia said in 2013.“It takes real cheek for today’s majority to assure us, as it is going out the door, that a constitutional requirement to give formal recognition to same-sex marriage is not at issue here,” Scalia said. District Court for the Middle District of Pennsylvania said “as Justice Scalia cogently remarked in his dissent, ‘if  is meant to be an equal-protection opinion, it is a confusing one.’” And in a June 2014 decision from federal district judge Barbara Crabb in Wisconsin, Scalia’s name was mentioned 12 times as she cited Scalia’s logic in the gun-rights case.Many conservatives and religious leaders believe that sodomy laws promote and maintain a moral society.
Virginia attorney general Cuccinelli believes that it is the state legislators’ goal to enact statutes that will permit populations to flourish.
The armed sheriffs quickly arrived at the home of John Lawrence and walked into the unlocked apartment.
In the bedroom, sheriffs reported seeing Lawrence and a male partner engaging in anal sex.
As the Supreme Court nears a decision on same-sex marriages, observers of Court history have noted that June 26 already has special significance for decisions that have favored gay rights in landmark cases.
Update (6/26): The Supreme Court legalized a national right to same-sex marriages in a landmark decision.
To be sure, the Supreme Court could issue a decision in , the case that could clarify a national right for same-sex couples to marry, on Thursday, June 25, Friday, June 26, Monday, June 29, or possibly Tuesday, June 30.