Romer v. Evans

Kennedy's decision did not mention Bowers v. Hardwick, but Justice Scalia relied on that precedent in his dissent, which was joined by Chief Justice Rehnquist and Justice Thomas. "If it is constitutionally permissible," Scalia wrote, "for a State to make homosexual conduct criminal, surely it is constitutionally permissible for a State to enact other laws merely disfavoring homosexual conduct."

Scalia, known for his sometimes caustic style, harshly criticized Kennedy's decision. He said the majority's reasoning was " . . . long on emotive utterance and . . . short on legal citation." He also argued that the Court was getting involved in a "cultural war" about toleration for homosexuals that was best left to the voters and the legislatures, not the courts.

To Washington Post reporter Joan Biskupic, the strong words in both decisions "went to the core of a passionate social debate playing out in legislatures and living rooms . . . " across America. Homosexual organizations cheered the ruling. "This is the most important victory ever for lesbian and gay rights," said Suzanne Goldberg, one of the lawyers who helped scuttle Amendment 2. Some conservative groups were not as pleased. Gary Bauer of the Family Research Council said, "This is not an ending point . . . this creates a pressure cooker atmosphere."