Well your way will only work if behaviors become = "race, creed, gender or ethnic origin". And at that, only a few select compulsive sexual behaviors known as "gay" and "lesbian", to the exclusion of all others.
So unless you're planning on either 1. Applying for federal recognition as a religion [the only protected class regarding behaviors] or 2. Seeking to set a precedent that may turn states' penal and civil codes on their head [American law regulates human behaviors] or 3. Getting an Amendment to the Constitution protecting just gay and lesbian sexual practitioners as "special class", ignoring all other behaviors that also may choose to identify themselves as an organized group based on what they DO, not what they are, you're going to have a rough legal road ahead of you.
The key here is it understand that just because a group of people have organized to call their behaviors a "race" doesn't mean that the law or society at large will have that same outlook.
Aren't you worried about gays and lesbians getting a special class distinction and arbitrarily leaving out [discriminating against] other sexual fetish behaviors? Why just "gays" and "lesbians"? Why not others too? For some reason I have yet to find a gay-advocate that worries about this. Odd, that...
Last edited by Silhouette; Feb 26 2012 at 09:32 AM.
DOMA Opinion, Pages 16-17: "The definition of marriage is the foundation of the State’s broader authority to regulate the subject of domestic relations ... the Constitution delegated no authority to the Government of the United States on the subject of marriage and divorce.”... In so Saying, the Highest Court said all the 49 states get to choose yes or no on gay marriage....all 49 of them... Loving v Virginia was about race, not polygamy or homosexuality, etc.