the troubling part is that both all the justices and all the lawyers refered to homosexuals as a status not a behavior.
We are discussing a BEHAVIOR not a status. We outlaw all sorts of behavior. We have federal pot laws, we have (since 1913) federal immigration laws, we have sex slave laws.
The justices have bought the “gay gene” myth. Also it is apparent from roberts comment on politicians falling all over themselves to “go pro-homosexual” the justices are watching primarily msnbc and cnn and only readig the NYT.
The conservative opinion is not represented anywhere.
I was just posting that idea on another thread when you pinged me so I included you.
But legally many states define it as a status as the SCOTUS is very likely to do with Kennedy,