This just popped up while I was surfing -- Justice Harry Blackmun's dissent Bowers vs. Hardwick. I've seldom read a legal opinion more solidly constructed and more intelligently based.
This case is no more about "a fundamental right to engage in homosexual sodomy," as the Court purports to declare, ante at 191, than Stanley v. Georgia, 394 U.S. 557 (1969), was about a fundamental right to watch obscene movies, or Katz v. United States, 389 U.S. 347 (1967), was about a fundamental right to place interstate bets from a telephone booth. Rather, this case is about "the most comprehensive of rights and the right most valued by civilized men," namely, "the right to be let alone." Olmstead v. United States, 277 U.S. 438, 478 (1928) (Brandeis, J., dissenting).
The statute at issue, Ga.Code Ann. § 16-6-2 (1984), denies individuals the right to decide for themselves whether to engage in particular forms of private, consensual sexual activity. The Court concludes that § 16-6-2 is valid essentially because "the laws of . . . many States . . . still make such conduct illegal and have done so for a very long time." Ante at 190.
It's always about asking the right questions.