Opinion of the Court
State Antisodomy Laws Are Unconstitutional
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. And there are other spheres of our lives and existence, outside the home, where the State should not be a dominant presence. Freedom extends beyond spatial bounds. Liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct. The instant case involves liberty of the person, both in its spatial and more transcendent dimensions.Due Process Analysis The question before the Court is the validity of a Texas statute…
