Does the Supreme Court of the United States agree with us when we affirm that sexual freedom is a fundamental human right? You bet it does!!
In Lawrence v. Texas, 539 U.S. 588 (2003), the Supreme Court of the United States has affirmed sexual freedom as a fundamental human right protected by the United States Constitution. Lawrence v. Texas was a landmark case, affirming a constitutional protection of sexual privacy. In the 6-3 ruling, the justices struck down the sodomy law that had criminalized homosexual sex in Texas. The majority held that intimate consensual sexual conduct was part of the liberty protected by substantive due process under the Fourteenth Amendment, which ruling invalidates laws in the US that purport to criminalize homosexual activity between consenting adults acting in private. It also invalidates the application of sodomy laws to heterosexual sex based solely on morality concerns.
In that case, the Court said:
" These matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to the liberty protected by the Fourteenth Amendment. At the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life. Beliefs about these matters could not define the attributes of personhood were they formed under compulsion of the State."
"Our prior cases make two propositions abundantly clear. First, the fact that the governing majority in a State has traditionally viewed a particular practice as immoral is not a sufficient reason for upholding a law prohibiting the practice; neither history nor tradition could save a law prohibiting miscegenation from constitutional attack. Second, individual decisions by married persons, concerning the intimacies of their physical relationship, even when not intended to produce offspring, are a form of "liberty" protected by the Due Process Clause of the Fourteenth Amendment. Moreover, this protection extends to intimate choices by unmarried as well as married persons." 478 U.S., at 216 (footnotes and citations omitted).
"...The case does involve two adults who, with full and mutual consent from each other, engaged in sexual practices common to a homosexual lifestyle. The petitioners are entitled to respect for their private lives. The State cannot demean their existence or control their destiny by making their private sexual conduct a crime. Their right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government. "It is a promise of the Constitution that there is a realm of personal liberty which the government may not enter." Casey, supra, at 847. The Texas statute furthers no legitimate state interest which can justify its intrusion into the personal and private life of the individual."
So the answer is, YES! The Supreme Court of the United States affirms sexual freedom as a fundamental human right and assures us of our constitutional protection of sexual privacy!