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By excluding from the law distinctions made and deprivations of rights based upon genetic make up of the individual(s).

I think that that is very poor idea. Consider antiscocial personality disorder (ASPD).

The Diagnostic and Statistical Manual of Mental Disorders, fourth edition (DSM IV-TR), defines antisocial personality disorder (in Axis II Cluster B) as:[1]

A) There is a pervasive pattern of disregard for and violation of the rights of others occurring since age 15 years, as indicated by three or more of the following:
1.failure to conform to social norms with respect to lawful behaviors as indicated by repeatedly performing acts that are grounds for arrest;
2.deception, as indicated by repeatedly lying, use of aliases, or conning others for personal profit or pleasure;
3.impulsiveness or failure to plan ahead;
4.irritability and aggressiveness, as indicated by repeated physical fights or assaults;
5.reckless disregard for safety of self or others;
6.consistent irresponsibility, as indicated by repeated failure to sustain consistent work behavior or honor financial obligations;
7.lack of remorse, as indicated by being indifferent to or rationalizing having hurt, mistreated, or stolen from another;
B) The individual is at least age 18 years.
C) There is evidence of conduct disorder with onset before age 15 years.
D) The occurrence of antisocial behavior is not exclusively during the course of schizophrenia or a manic episode.

From the abtract of Genetics of personality disorders
N Fontaine, E Viding - Psychiatry, 2008

This paper provides a brief review of genetically informative studies of personality disorders. Findings from twin and adoption studies suggest that personality disorders are moderately to strongly heritable (heritability estimates between 30% and 80%) . . . A new research area of imaging genetics is providing insights to the mechanisms of genetic vulnerability to personality disorders. Studies to date suggest that genetic variation may account for individual differences in neurocognitive functioning, which could lead to differential vulnerability to any given personality disorder . .

ASPD is very much "based upon genetic make up of the individual" but we still want to make certain actions related to ASPD illegal (specifically 4 and 5 above).

This is not to compare ASPD with homosexuality. They are two very different things, and not morally equivalent in any fashion. It is just to point out that your "based upon genetic make up of the individual" does not distinguish between them. If you want a legal theory that will separate "reckless disregard for safety of self or others" from "homosexuality" you will need another test.

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