Reductio ad absurdum

Many court watchers believe that within five to ten years the U.S. Supreme Court will hold that there is a constitutional right to homosexual marriage, just as that court invented a right to abortion. The chosen instrument will be the Equal Protection Clause of the Fourteenth Amendment. After all, if state law forbids Fred to marry Henry, aren’t they denied equal protection when the law permits Tom and Jane to marry? The argument is simplistic, but then the argument for the result in Roe v. Wade was nonexistent.