But seriously…
Okay let's assume that homosexuality is a behavior and not a condition, not a condition inherited at birth, an assumption which the courts almost certainly will reject but one which we will make now.
What is the constitutional basis for prohibiting a state from requiring citizens to associate with people who exhibit a behavior as opposed people who exhibit a condition? Note the question asks what is the constitutional basis, not what is your common sense basis.
I take it sex (gender) is a condition and not a behavior. How do you justify the law prohibiting people from associating when they are of different genders? How do you justify the law that compels people to associate, such as in the Army, and the police force, in corporations, when they might not wish to associate?
Same question applies to age and many other basis upon which private people and states routinely discriminate.
In other words, I am trying to keep clear of falling into the same trap that I accuse liberals and the Supreme Court of falling into, which is to proclaim a constitutional right because they like the result which fits their agenda.
