My argument on this point is detailed in a response to a sibling comment, but the TL;DR: is that they are favored by the Supreme Court, which is actively judgin

My argument on this point is detailed in a response to a sibling comment, but the TL;DR: is that they are favored by the Supreme Court, which is actively judging on the protections afforded by the privacy clauses by the constitution to people who are non-heterosexual, non-white, and not-men.