The majority opinion was written by Justice Anthony Kennedy. Justices Stephen Breyer, John Paul Stephens, Ruth Bader Ginsburg, and David Souter joined the majority opinion. The Supreme Court explained that homosexuals have a liberty privilege which is protected. The liberty interest of homosexuals entails private sexual activities. The sexual and moral choices of homosexuals are entitled to adequate constitutional protection. The majority opinion also held that moral disapproval is not a legitimate justification for the laws that illegalize sodomy in Texas. Justice Anthony Kennedy wrote that Lawrence and Garner, the petitioners, are constitutionally entitled, to respect in terms of their privacy. The Texas state cannot control their actions or ignore their existence, through illegalizing or criminalizing their private sexual activities (Lithwick 107).

Justice Anthony Kennedy reviewed the Supreme Court’s assumption made in the case, Bowers v. Hardwick, using the concurring opinion of Chief Justice Burger, that condemning homosexuality is deeply rooted in the ethical and moral standards of the Judeo-Christian. Kennedy reviewed the trends of laws that illegalized certain sexual activities, without consideration of gender of individuals involved. Kennedy cited recommendations of the Model Penal Code since 1955, the European Court of Human Rights 1981 decision, and the 1963 Wolfenden Report (Lithwick 121). Kennedy agreed with the dissenting views of Justice Stevens as illustrated in the Bowers v. Hardwick. He illustrated that the decision in the case should not be a binding precedent in the current cases. and that the case should be overruled.

The majority decision explained that adult consensual conduct, the intimate sexual matter under discussion, was an important component protected by the due process protections under the Fourteenth Amendment.&nbsp.