Thomas could have concurred: Perhaps Justice Thomas would have been more amenable to an equal protection argument as well. In his dissent he calls the law in question "is...uncommonly silly, "and If I were a member of the Texas Legislature, I would vote to repeal it." However:

Notwithstanding this, I recognize that as a member of this Court I am not empowered to help petitioners and others similarly situated. My duty, rather, is to "decide cases 'agreeably to the Constitution and laws of the United States.' " Id., at 530. And, just like Justice Stewart, I "can find [neither in the Bill of Rights nor any other part of the Constitution a] general right of privacy," ibid., or as the Court terms it today, the "liberty of the person both in its spatial and more transcendent dimensions," ante, at 1.