Thoran, you're the red herring I'm afraid. If we want to see where these opinions are coming from, we need to look at the applicable law.
You posted the Bill of Rights, the 1st 10 Amendments.
Mass. Ruling: based on Amendments V and XIV.
Recent federal ruling (right to non-intrusion into the gay bedroom): based on Right to Privacy, a penumbra right which is presumed to exist because it is a necessary assumption for the existence of other rights, including those found in Amendments III, IV, V, and others.
The rest you posted was a waste and incomplete.
