Normal people have understood this since the beginning of time.
The activist California Supreme Court does not. In the court's recent ruling pertaining to the mandated attempt to redefine marriage - and to tyrannically force that redefinition upon the voters of California - four judges raised the choice of sexual desire, inclination, and behavior to the same level of class status as racial ethnicity.In doing so they set themselves up for more problems than they can envision because of such a leap of logic, lack of scientific evidence, and the general willingness to override the votes of 63% of the Californian population. These four judges have equated, in the eyes of the law, the choice of who one chooses to bed as being equal to what color of skin a person is born with. In doing so they have now laid down future arguments for further redefinition of marriage to include nearly any sexual union in both number and combination that a person can imagine. By redefining marriage, but then limiting that redefined definition to only include "pairs" of persons, the court has opened itself to claims of discrimination from bi-sexual persons who may very easily wish to be in a legal sexual "relationship" that includes a person of both genders, not to mention heterosexual polygamists. Each of the groups, who choose sexual partners for whatever reasons they do - will be liable to claim that the State of California must end discrimination against additional "alternative" lifestyles, and extend a yet still more redefined view of "marriage" to them as well.
Yet it is simple to understand why the judges are so wrong.
Romantic actions, such as flirting, hitting on someone, soliciting a phone number, and being bashful in asking someone on a "date" are all volitional acts of conscience and of choice. Consensual sexual actions from simple hand-holding, to kissing, following all the way through the act of sexual consummation are again choice based. Choosing to act on those urges - defines the individual's sexual orientation. With large numbers of people even now championing the fact that they've chosen the choice they currently are involved with, sexual identity, practice, and enthusiasm have become increasingly fluid.
Pop culture tells us so. Consider the number two song in the country this week: Katy Parry's "I Kissed a Girl!"