I would love to answer your question publicly, but I first need more information.
To invoke Equal Protection Analysis there must be evidence that similarly situated groups of people are being treated in LEGALLY dissimilar ways.
So I must first ask you, aside from the name, what is the dissimilar/disparate LEGAL treatment you identify? The only difference I understand you to have articulated is a moral difference- but in this country we're not supposed to legislate morality. So other than the name, what LEGALLY disparate treatment do you see?
Remember, that Brown v. Board of Education did not say Separate is inherently unequal, it said "...in the field of
public education separate is inherently unequal." Many people often forget those first words when making separate but equal arguments. But its important- it is why mens/womens bathrooms are legal (and I think necessary)
Also, EP issues don't require the strict analysis that issues of race require, so the legal threshold is different
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