Our decisions
have declined to distinguish between status and
conduct in this context. See Lawrence v. Texas, 539 U. S.
558, 575 (2003) (“When homosexual conduct is made
criminal by the law of the State, that declaration in and of
itself is an invitation to subject homosexual persons to
discrimination.” (emphasis added)); id., at 583 (O’Connor,
J., concurring in judgment) (“While it is true that the law
applies only to conduct, the conduct targeted by this law is
conduct that is closely correlated with being homosexual.
Under such circumstances, [the] law is targeted at more
than conduct. It is instead directed toward gay persons as
a class.”); cf. Bray v. Alexandria Women’s Health Clinic,
506 U. S. 263, 270 (1993) (“A tax on wearing yarmulkes is
a tax on Jews.”). See also Brief for Lambda Legal Defense
and Education Fund, Inc., et al. as Amici Curiae 7–20.