The Lawrence mess

Yesterday the Tenth Circuit ruled that Lawrence v. Texas struck down state sodomy laws under a rational basis test.  The Ninth and First Circuits have ruled that Lawrence recognized a fundamental right to private adult sexual intimacy.  Dale Carpenter comments: "There is a real and growing circuit split on this basic doctrinal issue with potential consequences to a range of governmental policies. Whatever one thinks of the result in Lawrence, the Supreme Court has created a mess that only it will be able to clean up."