It is kind of difficult to get a court to agree that you are being discriminated against because you choose to smoke cigars.<quoted text>
Look, if you want to turn this into a purely legal debate, I assure you things won't work out quite how you expect ...
You're arguing a group -- gays -- are being denied a right everyone else has, yet when asked to identify gays you can't do it.
In law, that doesn't work. In law, the party claiming discrimination must be specific -- blacks, Catholics, women, etc.
You cannot bring an action for little green men from Mars unless you are able to define and produce a little green man from mars.
Producing a little man won't do. Producing a little green man won't do either.
Your specimen must show characteristics the judge's scientific experts agree can only be those of someone late of the planet Mars.
You have not defined and produced a homosexual.
The specificity kicks in when you claim a homosexual is anyone who says he's a homosexual. A Jew isn't anyone who says he's a Jew -- he must authenticate his Judaism, circumcision, Temple of Worship, rabbi.
What are your proofs homosexuality even exists?
The Court needs to know not just any Joe Blow can lay claim to being a homosexual -- how do you let the Court know this?
So would it also be hard to convince a curt that you are discriminated against because you chose to wear red shoes.....