He endorsed the views Justice Stevens had outlined in the dissent in Bowers and composed:

It ought to not stay binding precedent. Bowers v. Hardwick should now be and is overruled. Kennedy stated that the Constitution protects « personal choices relating to wedding, procreation, contraception, family members relationships, [and] child rearing » and therefore homosexuals « may look for autonomy for those purposes. Kennedy underscored your decision’s give attention to consensual adult intimate conduct in an exclusive environment:. The current situation does maybe maybe maybe not include minors.

O’Connor maintained that the sodomy legislation that has been basic both in application and effect could be constitutional, but that there clearly was little to worry because « democratic culture » will never tolerate it for very long. O’Connor noted that the legislation restricting wedding to heterosexual partners would pass the logical scrutiny so long as it had been made to « preserv[e] the original organization of wedding » and not on the basis of the state’s dislike of homosexual people. Plus »