There is a reason that I focused on the acts, instead of the sexual orientation.
I do agree that if the law simply bans certain acts by homosexuals, then yes, that discriminates.
If the law bans the same act by all, then it is harder to say that it discriminates.
I do think you can make an effective argument for stating the homosexuality is not normal. Certainly biologically it is the exception, rather than the rule. I don't see how that is bigoted. I recall in college where the gay and lesbian student groups put pink triangles on 1 in 10 seats in most of the large lecture halls.
That still is a minority position. However, I cannot begin to understand the feelings a gay man might have for another. I have close male friends, but don't have any romantic or sexual interests in them. Likewise, I have a wife, for whom I have a great deal of desire, but I don't desire other women in the same fashion.
Which transitions me into some final thoughts. First, let me recall that I focused primarily on choices. I never said that a person chooses or doesn't choose to be homosexual. So if what I said seemed to imply that you choose to be gay or straight is an absolute, I don't. (As an aside, I do think some choose to act gay because they think it is cool, hip, fills an immediate need, and others truly are, perhaps even genetically disposed to an attraction to the same sex.) However, all people, gay or straight choose how they are going to respond to their sexual urges or how to deal with them.
So the matter is really about how you deal with those choices. Even as a straight man, I could choose to cross certain social boundaries by having sex outside my marriage. Some would argue that it is ok, my wife probably has a different view she shares with others. Some choose to have sex before marriage and others believe that is immoral.
So, I don't think you can really paint a gay or straight label on the issue. So I do agree with the court that you cannot specifically deny a type of sex act to a particular "orientation" However, I do diverge with the court as I think a community can say certain sex acts are not legal, again citing the current illegality of prostitution as precident(SIC?)
My thoughts are probably not well assembled as I just got off work. (I typed the first two messages while waiting for a service window to begin.) So I'll probably have to come back an visit these thoughts again.
I must be tired, I see Antennalope (Antelope with Antennas for horns) on the TV, so it's time to put on the PJ's and turn in
TB
