The Fourteenth Amendment to theUnited StatesConstitution, ratified in 1868, prohibits state governments from denyingcitizensthe "equalprotectionof thelaws".
The key danger, in my view, lies in the possibility that the same court will insist that theEqualProtection Clause requires the adoption of some antidiscrimination laws to protect gays, which I would regard as a historical blunder ofthe first order.