Why did Justice Anthony Kennedy say the way Bowers v. Hardwick framed its question was flawed?

In the 2003 case Lawrence v. Texas, Justice Anthony Kennedy argued that the majority opinion in Bowers v. Hardwick was flawed because it narrowly framed the central issue as whether the Constitution confers a "fundamental right upon homosexuals to engage in sodomy."

Kennedy asserted that this formulation failed to appreciate the broader extent of the liberty at stake. He argued that the phrasing "demeans the claim of the individual put forward," comparing it to how it would demean a married couple if one were to define marriage simply as the right to have sexual intercourse. By focusing solely on the specific sexual act, the Bowers court ignored the deeper constitutional interest in personal autonomy and the integrity of intimate connections, such as companionate friendship and love, which are protected under the due process clause of the Fourteenth Amendment. Consequently, Kennedy concluded that the Bowers decision was incorrect because it failed to recognize the fundamental interest individuals have in controlling the nature of their private, intimate associations.1