Dont those cases trying to question whether there can be the best construction of the language where those cases are wrongly decided because they are not covered . This may need should probably revisit it is actually pretty glaring but it doesnt mention Price Waterhouse even though it was decided 6 years after Price Waterhouse but if you are asking do we have to . I agree there is a differential between what the Supreme Court said and what Circuit Courts have said as far as tolerating genderbased differentials but if you dont want to do any more work it would be sufficient to rest it on the differential there that did not involve a constitutional right and differential here absolutely does. Discriminating against people exercising their constitutional rights, a private employer as we read in the newspaper the last couple days can fire someone for expressing his political opinions. Absolutely, we certainly have. It is not just gay men and lesbians who have fundamental right to marry but