On another point you made, the question of whether or not homosexuals are a suspect class WAS brought up during Romer. Since the Court held that Amendment 2 did not survive rational basis review, however, the decision was made that there was no reason for the Court to address the question at that time.

On a side note: in the 1990 case, High Tech Gays v. Defense Industrial Security Clearance Office, 895 F.2d 563 (I'm not making that up) the district court held that “gay people are, in fact, a "quasi-suspect class’ entitled to heightened scrutiny.” The Ninth Circuit Court reversed, though.

A tough issue, but a very interesting one once you get your feet dirty.