The Equal Protection Clause was originally written to remedy institutional discrimination against blacks.  The historical use of the Clause has been to assure blacks the same civil rights under the law enjoyed by whites.  Efforts to use the Equal Protection Clause to give gays the right to marry have focused on proving an analogy between being black and being gay.

There is no science for separating men into racial groups.  However, there is clear science that tells us that each man has racial traits that he inevitable passes to his children.  We might not see the same traits in every offspring but the traits are clearly there to be passed on to future generations.  Clearly, racial traits are intrinsic.

Our perception of homosexuality, pedophilia, incest, and polygamy is shaped only by culture and religion.  There is nothing intrinsic that makes any of them right or wrong.  Setting aside the word of God, the only insight we can have about homosexuality is what we learn from those who are afflicted.  But their insight is inherently imperfect because self-assessment requires detachment, which is impossible, and because it involves sexuality, which is one of our strongest urges.  (During Ramadhan it is food and sex from which Muslims must abstain during daylight hours.  Food and sex are our strongest urges.  We learn self-restraint by learning to control our strongest urges.)  Clearly, homosexuality is not an intrinsic trait of any man.

On August 28, 1963 Dr. Martin Luther King Jr. addressed the March on Washington.  On that day Dr. King reminded our nation of the promises of our Constitution and our Declaration of Independence.  On that day we all understood the meaning of self-evident truth and we all knew that the intrinsic equality of all men is self-evident truth.  Since that day the foundation for jurisprudence in this country has shifted from truth and reason to nothing more than foolish arrogance and blissful ignorance.  The proponents of Gay Rights would have us believe that our refusal to approve of homosexuality is the one thing that keeps us from soaring above the clouds.  If our courts decide that the Equal Protection Clause covers homosexual behavior it will have adjudicated on the basis of known unknowns.  It will set the wrong precedent and our nation will continue on the path toward social and intellectual decline.