"Although the Supreme Court has not yet ruled that sexual orientation classifications are suspect, that is because the Supreme Court has not yet found it necessary to resolve the question. Romer v. Evans ... did not decide the issue, finding it unnecessary to look beyond rational basis review both because the state's attempt to strip gay people of all antidiscrimination protections was a 'denial of equal protection of the laws in the most literal sense,' and because the state's action 'confound[ed]' and 'defie[d]' rational basis review." Plaintiff's Motion for Summary Judgement, September 10, 2012
