I had dinner tonight at a diner I frequent, and having no company this evening, I brought some new case-law with me to read. A waitress, having determined I was a lawyer, told me about an argument she had with another waitress. Ultimately, the issue was whether there was a specific right to have sexual relations in the Constitution. Although our Founding Fathers certainly didn’t write those words down, the Constitution is merely a framework expounded upon by generations of Justices.
In fact, there is a famous case directly on point. In Lawrence v. Texas, the United States Supreme Court examined a Texas statute that punished homosexual sodomy (and not heterosexual sodomy). In holding that the law was unconstitutional, the high court stated clearly that there is a constitutionally protected privacy right that two consenting adults may have sex with each other. Justice Kennedy authored the opinion, in which four other justices joined, making it the law of the land. It is a wonderfully written opinion. Despite President Bush’s two new Justices, the same five member majority that voted for a constitutional right to sex is still serving on the bench.
I recommend the opinion for everyone’s reading. It is uplifting, patriotic, and good. Click this sentence to be taken to the opinion in Lawrence v. Texas.