Basically every judge that has looked at the issue has said that the 14th Amendment does apply
Like in Wisconsin
It is well-established that “the Constitution protects persons, not groups,” Adarand
Constructors, Inc. v. Pena, 515 U.S. 200, 227 (1995), so regardless of possible future events
affecting the larger community, my task under federal law is to decide the claims presented
by the plaintiffs in this case now, applying the provisions in the Fourteenth Amendment as
interpreted by the Supreme Court in cases such as Loving, Romer, Lawrence and Windsor.
Because my review of that law convinces me that plaintiffs are entitled to the same treatment
as any heterosexual couple, I conclude that the Wisconsin laws banning marriage between
same-sex couples are unconstitutional