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I think because of the whole "Definition of marriage" thing it's a bit different though.

I mean seperate but equal... yet at the same time California still has Mens and Womens sports, Mens and Womens bathrooms... etc.

You're a Man, you join the men's baseball team. You're a woman your on the women's softball team... it's not even a baseball team.

Not sexuality, but it is sex.  Which is one of the original ones in the constitution.