The Lawrence v Texas case. And I think the claim that the 5th and 14th are violated here would come as a surprise to the people who wrote and passed those amendments. I am no expert but if you want a thorough answer Scalia's dissent in that case should be helpful.
The reason the constitution matters in this case is if there is no "right to privacy" or "sodomy" in the constitution then the Supreme Court is overstepping the jurisdiction of the states and the rights reserved to the people under the 10th amendment.
If they can ignore the 10th amendment then the constitution is as Ron Paul said "imaginary," and subject to the whims of the judicial activists. Wouldn't that be anti liberty as well?
Hear, O Israel: YHUH our God YHUH one. And thou shalt love YHUH thy God with all thine heart, and with all thy soul, and with all thy might.
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