But in Loving case the statute was one banning racial discrimination in marriage. Racism was the main component that the equal protection clause was meant to abolish. The Framers and ratifiers of the epc had no thought of banning one man, one woman definition of marriage. That's the difference that makes the const argument about gay marriage apple and oranges to ban on interracial marriages. The argument against gay marriage, is that society has an interest in genrally steering persons together that can themselves procreate and create a balanced, stable family with a male and female fiugure for the children to be raised by. This classification doesn't have to be perfect, to include only members who can actually procreate.