Why not? I think they would.
So this is one-way, discriminatory constitutional protection.
So by equalizing the penalties applied to homosexuals and heterosexuals, we're discriminating? I must confess, this isn't making a whole lot of sense to me.
Not under Lawrence. Lawrence is about the special rights of homosexuals. And the Supreme Court instructed the Kansas court to reconsider in light of Lawrence.
If the majority in Lawrence had decided the case under O'Connor's equal protection rationale, that might have cut in both directions. But they didn't.