Jude, Jude, Jude, Jude, Jude.
Have you bought into the atheistic and (IMO Satanistic) belief that homosexuality is an immutable characteristic, like being born black?
Homosexuality is a behavior. It is in fact a perversion of God's design and pupose. It is not immutable. It is a behavior and it is a sin. I would dare say that most men have polygamous tendencies and would (if they did not control their behavior) be more than happy to commit fornication and adultery with dozens of women. But clearly we can discriminate against polygamists and adulterers. Polygamous and Adulterous BEHAVIOR reflects on a man's character and is a legitimate reason to discriminate in employment. Would you want a polygamist teaching your children about the joys of polygamy? Would you want an open adulterer teaching your children about the joys of adultery? Then why do we put up with homosexuals coming into our schools and indoctrinating our children about the joys of homosexual BEHAVIOR?
Jude, did you think like this BEFORE you entered law school? I remember you as being more conservative.
No. My own opinion is that there may be genetic predispositions, but free will enters into the equation, just like alcoholism. Some people's genetics predispose them more to alcoholism, but they have the choice to control themselves. Homosexual orientation may be physiological - it's not for me to say - but homosexual acts are not.
But clearly we can discriminate against polygamists and adulterers.
We can define what marriage is, but we cannot discriminate against adulterers. Just try to impeach a witness based on his sexual infidelity - you'll get nowhere.
Jude, did you think like this BEFORE you entered law school? I remember you as being more conservative.
Being conservative doesn't mean that I think that the State of Colorado can remove all legal protections from homosexuals. If you notice, Romer used a rational basis review, the lowest level of scrutiny for a 14th Amendment question. It didn't give them any special rights, but the rights that all Americans have - the right not to be discriminated against - particularly by the government - for something irrelevant to their job, or as the case may be.