What is the test for a plaintiff's claim to be able to refuse to marry because of their sexual orientation and sexual identity?

³ The Latta court also found a due process violation because, it concluded, the laws curtailed plaintiffs' fundamental right to marry. Latta v. Otter, No. 1:13CV00482CWD, 19 F.Supp.3d 1054, 106772, 2014 WL 1909999, at *913 (D.Idaho May 13, 2014).

³ The Latta court also found a due process violation because, it concluded, the laws curtailed plaintiffs' fundamental right to marry. Latta v. Otter, No. 1:13CV00482CWD, 19 F.Supp.3d 1054, 106772, 2014 WL 1909999, at *913 (D.Idaho May 13, 2014).

⁴ We have recognized that [s]exual orientation and sexual identity are immutable; they are so fundamental to one's identity that a person should not be required to abandon them. HernandezMontiel v. I.N.S., 225 F.3d 1084, 1093 (9th Cir.2000), overruled on other grounds by Thomas v. Gonzales, 409 F.3d 1177, 1187 (9th Cir.2005), vacated, 547 U.S. 183, 126 S.Ct. 1613, 164 L.Ed.2d 358 (2006).

⁴ We have recognized that [s]exual orientation and sexual identity are immutable; they are so fundamental to one's identity that a person should not be required to abandon them. HernandezMontiel v. I.N.S., 225 F.3d 1084, 1093 (9th Cir.2000), overruled on other grounds by Thomas v. Gonzales, 409 F.3d 1177, 1187 (9th Cir.2005), vacated, 547 U.S. 183, 126 S.Ct. 1613, 164 L.Ed.2d 358 (2006).