Constitutional Law

The Supreme Court of the United States has made it clear that the U. S. Constitution grants homosexuals no special rights or preferences. The reason is that homosexual orientation, unlike race or sex, is an innate (inward) characteristic, one that cannot be observed unless the individual chooses to reveal that characteristic. "Those persons who fall within the orbit of legislation concerning sexual orientation are so affected not because of their orientation but rather by their conduct which identifies them as homosexual, bisexual, or heterosexual."¹⁰

The Supreme Court has also ruled that on moral grounds, sexual activity between homosexuals can be regulated and even prohibited.¹¹