Sil is claiming that behaviors aren't constitutionally protected.
I would agree. Assuming I understand the implication of that, yes she is right.
If you have "behavior x", which the majority objects to, that suddenly gets "protection/status z", then any and all other behaviors the majority object to, by virtue of the 14th Amendment, ALL get "protection status z". What other situation could there be? How would you deny say, "behavior y"? Because the majority finds it repugnant?
Law has to make sense, particularly when citing over and over the term "equality". Setting apart just one or two behaviors for special protections/privileges when the majority finds them repugnant is discrimination against all the other behaviors in the same situation. Why is polygamy marriage illegal while gay marriage is legal? It is a logical impossibility. If "equality" is the hinge of law, then all sexual orientations, no matter who finds them repugnant, are all able to marry right now. Today. Or none of them are legal, outside just the states where they were made legal. Making all this worse for Obergefell...marriage is, therefore, by gays own admission (via excluding polygamy and incest orientations) a privilege they enjoy, but not a right. But this ushers in another problem. Who decides who gets what privilege, while others may be excluded? The US Supreme Court? Or the states?
The answer is:
The states define who enjoys which privilege within their borders. And to cite precedent on that deduction, Windsor (2013) v USA stated the states are the final say on marriage. This was repeated 56 times in the Windsor Opinion.
Lifestyle-Marriage Equality Slugout: State Authority vs Federal?
The USSC made this mistake in their interpretation of the 14th. It was too narrow. Obergefell has to be redone. It is an illegal interpretation of the 14th. It discriminates against other sexual orientations. Either marriage is an immediate, applicable right for ALL sexual orientations the majority finds repugnant, or it is a privilege instead, whose parameters are set by the separate states.