Law cannot prohibit private homosexual acts

Lawrence & Garner v. Texas, 539 U.S. 558, was a landmark decision of the U.S. Supreme Court in which the Court ruled that American laws prohibiting private homosexual activity between consenting adults are unconstitutional.
The Supreme Court reaffirmed the concept of a "right to privacy" that earlier cases, such as Roe v. Wade, had found the U.S. Constitution provides, even though it is not explicitly enumerated. The Court based its ruling on the notions of personal autonomy to define one's own relationships and of American traditions of non-interference with private sexual decisions between consenting adults.
Justice Kennedy wrote: "The petitioners [Lawrence and Garner] are entitled to respect for their private lives. The State cannot demean their existence or control their destiny by making their private sexual conduct a crime." Kennedy reviewed the assumption the court made in Bowers, using the words of Chief Justice Burger's concurring opinion in that case, that "Condemnation of [homosexual practices] is firmly rooted in Judeo-Christian moral and ethical standards." He reviewed the history of legislation that criminalized certain sexual practices, but without regard for the gender of those involved. He cited the Model Penal Code's recommendations since 1955, the Wolfenden Report of 1963, and a 1981 decision of the European Court of Human Rights in Case 7525/76 Dudgeon v United Kingdom.
Had those who drew and ratified the Due Process Clauses of the Fifth Amendment or the Fourteenth Amendment known the components of liberty in its manifold possibilities, they might have been more specific. They did not presume to have this insight. They knew times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom.