It all comes from the Civil Rights fight in the 60s.
The judge in this case is some diddle head who graduated in 66 from GWU which was right in the middle of things back then.
He’s never gotten past that. He buys the idiot line that being a sexual deviant is some sort of protected right, that we can make no law against it nor refuse to include them in social life.
And like all spoiled, immature Baby Boomer brats, he wants to Make a Statement so he can be a big man, get his name in the history books as a Champion of the Downtrodden.
And the central point about the civil rights gig was the assertion by the courts that they could compel private behavior, not just interaction with the government.
That is what is REALLY Unconstituional.
He has no power to compel such a thing. NONE.