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The central principle of the Fourteenth Amendment, is the nationalization of the protection of basic human rights. Yet for centuries, gays and lesbians were not entitled to their equal rights, nor respected or extended their basic rights.
                                                                                                           
As a result, homosexuals suffered indignities resting both on the abridgment of basic rights (nationally owed all persons) and on the wholly inadequate grounds, which they have been unjustly treated.

In fact, in Reed v. Reed, 404 U.S. 71 (1971); the court interpretively came to the conclusion that some heightened level of constitutional scrutiny was owed to gender classification. As a result, under a principled interpretation, the expression of religious discrimination against one particular group would be the worse form of unconstitutional expression of religious intolerence. Also see: Hunter v. Erickson, 393 U.S. 385 (1969)


For centuries, traditional religious beliefs have been criticized on religious and nonreligious grounds, by a wide range of persons; most of them in fact heterosexual critics of a religious indefensible insistence on procreational sexuality and its sexism. And criticism of these sorts have significantly shaped the interpretation of basic constitutional principles both privacy and equal protection applicable to a wide range of issues relating to sexuality and gender.

Just as the Jews were condemned to the statues of slaves because of their refusal to convert, lesbians and gay men were also condemned to servile marginality because of their dissidence from conventional gender roles as defined and enforced by the dominant and now embattled religio-cultural orthodoxy.