JUSTICE THOMAS, dissenting.
I join JUSTICE SCALIA’s dissenting opinion. I write separately to note that the law before the Court today ‘is … uncommonly silly.’ Griswold v. Connecticut, 381 U. S. 479, 527 (1965) (Stewart, J., dissenting). If I were a member of the Texas Legislature, I would vote to repeal it. Punishing someone for expressing his sexual preference through noncommercial consensual conduct with another adult does not appear to be a worthy way to expend valuable law enforcement resources.
Notwithstanding this, I recognize that as a member of this Court I am not empowered to help petitioners and others similarly situated. My duty, rather, is to ‘decide cases ‘agreeably to the Constitution and laws of the United States.’ ‘ Id., at 530. And, just like Justice Stewart, I ‘can find [neither in the Bill of Rights nor any other part of the Constitution a] general right of privacy,’ ibid., or as the Court terms it today, the ‘liberty of the person both in its spatial and more transcendent dimensions,’ ante, at 1.