When the seven month gestated fetus has progressed further than an eight month (protected) fetus that is not progressing at a normal rate.similarly situated refers to one class of persons being alike in all relevant ways to another class for purposes of a particular decision or issue.
NFBW: where on earth HeyNorm does any society or government or group of persons regard an eight month gestational living human organism of any race to be in a separate class of persons that is treated differently than a seven month gestational living human organism of any race class of persons.
END2301311155
Your discrimination is based on arbitrary reasoning.
Remember, the same sex couple was not compared to an opposite sex couple that could and did procreate, they were compared to an opposite sex couple that could not procreate, yet still allowed to marry.
You really need to keep up.