If they deny the claim then they confirm it is special rights for certain sexual behavior.
Gays can't marry. Straights can.
Homosexuals can marry.
Homosexuals can marry members of the opposit sex.
There is no "love test" for marriage under the law.
There is no "recreational sex test" for marriage under the law.
It still stands, homosexuals have special rights if the woman is denied because their benefits are based on a recreational sex behavior.