loving had desired to marry mr. jeter that the case would not have come out the same way. we know that with certainty because baker against nelson rejected that very claim and it rejected that claim on the heels of loving where the gay couple who brought that 14th amendment loving claim relied on loving very heavily. we also think that mr. olson is simply wrong when he says the baker case did not involve a claimed classification based on just gender. here's what the plaintiffs in baker said. "there is no justification --" and this is throughout their jurisdictional statement, your honor, "there is no justification in law for the discrimination against ho homosexuals. appellants are being deprived of a basic right, the right to marry. as a result of this deprivation, they have denied numerous benefits awarded by law to others similarly situated -- for example childless heterosexual couples." this is clearly a case where they challenged the classification as one based upon sexual orientation as well as one based on gender. the loving case would have been on all fours, and wo