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Regardless what corrupt state and federal officials want everybody to think about the constitutionality of LGBT issues like gay “marriage,” the states have never amended the Constitution to expressly protect so-called LGBT “rights.”

On the other hand, the states have amended the Constitution to expressly protect free speech and freedom of religious expression as evidenced by the 1st Amendment (1A). So misguided, low-information pro-LGBT activist officials in California and other states are using politically correct, constitutionally non-enumerated LGBT “rights” to trump enumerated, 1A-protected freedoms.

The major constitutional problem with doing so, however, is that the states expressly prohibited themselves from doing such things when they ratified the 14th Amendment (14A, ratified under questionable circumstances.)

14th Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States [emphasis added]; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The bill proposed by pro-LGBT activist lawmakers in California would unthinkingly violate Section 1 of the 14th Amendment imo.

Also note that when the Founding States drafted the following constitutional clause, they prohibited the states from establishing protected / privileged classes.

Article I, Section 10, Clause 1: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility [emphases added].

California’s proposed pro-LGBT bill concerning religious schools would also effectively violate the constitutional clause prohibiting protected classes imo.