Balancing "the strength of the [government's] asserted interest[s] ... against the degree of intrusion into the petitioners' private sexual life caused by the statute in order to determine whether the law was unconstitutionally applied", the Court evaluated the plaintiffs' facial due process claims and rejected them, on the basis that "the [Supreme] Court made it abundantly clear that there are many types of sexual activity that are beyond the reach of that opinion" and that the "Act includes such other types of sexual activity. The Act provides for the separation of a service person who engages in a public homosexual act or who coerces another person to engage in a homosexual act", which are "expressly excluded from the liberty interest recognized by Lawrence."
