Yes, sorry, might have got that from an amicus brief.
that is based on the Myth of homosexual conduct being an immutable trait and not an act.
The USSC would have to find the power to legislate science akin to judicially establishing pi as 3.15 or declaring the earth flat or repealing the law of gravity.
Marriage has all forms of property rights issues, takings, taxation, inheritance, etc. This issue is not a religion issue for the law.
in fact arguing religion hands victory over to the “other side”.
We know the women will be pro-homosexual. Ginsberg for her 12 year olds comment, kagan because she probably is, and sotomayor not only for her complete incompetence as a law graduate but as a quota queen.
That leaves a chief judge more concerned for his legacy and kennedy who has a pro-whatever you want record.
If obamacare’s ruling were to carry over here, then congress DOES have the right to enact doma and doma is valid law. If obamacare is just a blackmail or tainting ruling then it is the court ruling the other way.
Eitehr way, this is a behavior not an immutable trait. A recreational behavior that does not produce children or any offspring. Two homsoexuals do not produce a mother and a father which the child need never find out.
it is just recreational sex acts.