There seem to be two groups of people talking past each other here, which is worth acknowledging.

On the one hand, there is a notion of consistent principles regarding the legal handling of the topic, which is being appealed to by some people such as yourself.

The other side seems to be drawing attention to the fact that these principles are not applied consistently by society. They're questioning the moral validity of holding to principle in a circumstance where it's guaranteed to be applied with very specific biases that are rarely explicitly stated.

I've noticed this talking-past happening in other subjects too. For example American drug laws. There's the principle of drug laws, and then there's the practice of which kinds of people gets the laws applied to them. One group of people focus on the one, and another focus on the other, and they just kind of talk past each other.