Originally Posted by alnorth
well sure, just like how the plaintiff in McDonald vs Chicago tried to throw a Hail Mary pass with the privileges and immunities clause argument, asking the SCOTUS to overturn the Slaughterhouse cases and over 130 years of precedent. That went nowhere except to generate some hilarious mockery from Scalia. (Clarence Thomas, who does not believe in the concept of stare decisis at all, was the only vote for that argument)
We're not talking about overturning precedent here. Sexual preference has never been a suspect class granted strict scrutiny in the past.