A society that condemns homosexuality harms itself. (254)

We have laws in states, like the one at the Supreme Court right now, that has sodomy laws and they were there for a purpose. Because, again, I would argue, they undermine the basic tenets of our society and the family. And if the Supreme Court says that you have the right to consensual sex within your home, then you have the right to bigamy, you have the right to polygamy, you have the right to incest, you have the right to adultery. You have the right to anything. Does that undermine the fabric of our society? I would argue yes, it does.

Kennedy and the majority explicitly overruled Bowers and wrote that Stevens's original reasoning, in dissent, that morality alone is not a legitimate basis to support a law was right. Scalia countered, "This effectively decrees the end of all morals legislation. If, as the Court asserts, the promotion of majoritarian sexual morality is not even a legitimate state interest, [no law against fornication, bigamy, adultery, adult incest, bestiality, and obscenity] can survive rational-basis review. Kennedy, traveling further and further away from his judicial responsibility to interpret the Constitution, wrote of an "emerging awareness that liberty gives substantial protection" to sexual decisions and reviewed how sodomy laws had been repealed in most states and even in Europe, where the European Court of Human Rights found sodomy laws invalid under the European Convention on Human Rights. Kennedy concluded with a lecture about liberty: "The petitioners are entitled to respect their private lives. The State cannot demean their existence or control their destiny by making their private sexual conduct a crime. Their right to liberty under the Due Process Clause gives them full right to engage in their conduct without intervention of the government... The Texas statute furthers no legitimate state interest which can justify its intrusion into the personal and private life of the individual." (Emphasis added.)

[M]odern politics cannot be a matter of genuine moral consensus. And it is not. Modem politics is civil war carried on by other means. ...The truth on this matter was set out by Adam Ferguson: 'We are not to expect that the laws of any country are to be framed as so many lessons of morality . ...Laws, whether civil or political, are expedients of policy to adjust the pretensions of parties. and to secure the peace of society. The expedient is accommodated to special circumstances ...' (Principles of Moral and Political Science ii. 144). The nature of any society therefore is not to be deciphered from its laws alone, but from those understood as an index of its conflicts. What our laws show is the extent and degree to which conflict has to be suppressed.