So what makes the legal reasoning so inflammatory? Most controversially, the Court held that sexual orientation discrimination should be treated just as skeptically as racial discrimination–a conclusion that the U.S. Supreme Court and the other state Supreme Courts have refused to accept. Social conservatives are already invoking contested science to question one of the premises of this conclusion: that sexual orientation, like race, is immutable. “There is no evidence to establish that a homosexual lifestyle is an immutable characteristic such as race,” a lawyer for Advocates for Faith and Freedom told The New York Times. There was no need to open this Pandora’s Box: The Court could have held more modestly that there are no rational reasons for limiting the label “marriage” to straight people and denying it to gays and lesbians.
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