Full disclosure, didn't know about that one. I was thinking of the one a year or so ago in California.
I understand that. You and I have discussed this before and we simply disagree.
I think the gender issue is CLEARLY the stronger case of the two, even if you think the sexual orientation case is strong. There's zero question that gender is a middle teir issue, there's significant question as to whether sexual orientation should be anything above rational basis. I also think there's absolutely clear cut gender discrimination going on.
The only reason I can think that would be a legitimate reason to NOT choose and go with the clearly stronger case with a designation that is clearly at a higher teir of protection is because the desire is not simply to win regarding same sex marriage, but to firmly establishes a higher level of scrutiny and protection given to sexual orientation. If that was not the primary, or at least equal, reason than it would make no sense not to go with the far simple, straight forward, and clearly higher tier case.
I know we've disagreed on this one a bunch, but that's simply my take. I firmly and fully believe that by and large, within the core of the activist movement on the matter, it's not at all primarily about same sex marriage and is almost singularly about establishing sexual orientation as a highly protected status. They simply see this as the simplest and best chance to go about it. Now, as is the case with most political issue movements, the rank and file folks out in the world aren't likely thinking about it at that more in depth level and are just going along with what the political leaders and social swing says they should do.