So to acknowledge that homosexuals perceive they’re being discriminated against and believe they have a right to marry is to express empathy for same-sex marriage and validate their perceived discrimination?
Get real!
You have not used a completely parallel sentence construction to the Court ruling, but yes, such an acknowledgment would convey empathy.
Consider the following two examples using the Courts sentence construction:
I acknowledge "birther" frustration with what they perceive as Congress’ inaction in this area...
In contrast...
I DO NOT acknowledge pedophile frustration with what they perceive as Congress’ inaction in this area...
I acknowledge frustration of folks that I consider to have valid issues but I DO NOT acknowledge frustration of folks that I consider to have invalid or repugnant issues, even it I may take note of frustration by such folks.
I read the same distinction and use of the word “acknowledges” to convey a degree of validity in context in what the Court said:
“The Court acknowledges Plaintiffs’ frustration with what they perceive as Congress’ inaction in this area...”