THUNDERBIRD SAID:
“Is homosexuality a religion, an ethnic group/race, or a behavior?”
Homosexuals represent a class of persons entitled to Constitutional protections.
THUNDERBIRD SAID:
“Yes, gay is a choice. Get over it.”
It makes no difference legally and Constitutionally whether homosexuality manifests as a consequence of choice or birth, that choice is a protected liberty all citizens may make, absent interference by the states:
“When sexuality finds overt expression in intimate conduct with another person, the conduct can be but one element in a personal bond that is more enduring. The liberty protected by the Constitution allows homosexual persons the right to make this choice.” Lawrence v. Texas (2008)
THUNDERBIRD SAID:
“Poll: 55% of Blacks Say Gay Rights Not the Same as Civil Rights.”
Irrelevant.
Citizens' rights are not determined by popular vote, and certainly not by opinion polls.
THUNDERBIRD SAID:
“We are allowed to withhold approval for damaging behaviors like cocaine use, overeating, and homosexuality. This is not discrimination.”
Incorrect. The fails as a false comparison fallacy, and is indeed discrimination with regard to homosexuals.
Homosexuality is not a 'damaging behavior,' seeking to discriminate against gay Americans lacks a rational basis, is devoid of objective, documented evidence in support, and pursues no valid legislative end; which is why the courts have invalidated state measures seeking to disadvantage gay Americans, such as Colorado's Amendment 2 and Utah's Amendment 3.
Moreover, measures seeking to prohibit the use of drugs such as cocain are applied to everyone equally, no particular class of persons is singled out for exclusion – which is not the case with regard to laws and measures intended only to disadvantage gay Americans based solely on who they are, in an effort to make them different from everyone else. This the states may not do. “A state cannot so deem a class of persons a stranger to its laws.” Romer v. Evans (1996)