That's not a third option - it is the conservative option. If you build a fence that is tall such that some person is disadvantaged, then he doesn't really have the same rights.
The short person still has the right to look over the fence. They just have practical difficulties on exercising it.
Similar cases: Voter ID laws with disproportionate impact on minorities, gay people having "equal" right to marry someone of the opposite gender, people in impoverished school districts having "equal" rights to an education, etc.
Your last two examples are ones where a conservative ideologue would look and say "No, they aren't being granted equal rights". In the former, you have judges refusing to follow the law. In the latter, you have children who are not getting access to the same public education their peers in wealthier districts are.
>The short person still has the right to look over the fence. They just have practical difficulties on exercising it.
It all depends on what the fence is achieving. I can't take the cartoon literally, because conservatives wouldn't argue that people should have equal rights to view a ball game - whether you can view one or not has little bearing on, say, your financial success. Nor does it impinge on your right to speech, religion, etc. If the fence represented something that was a barrier to achieving what is viewed as a right, and it's a barrier for one group and not for another, then the approach in the cartoon is not inconsistent with conservative ideology.
With regards to voter ID laws: I'm not even going to go there, as in my past experience, it's an issue that both sides refuse to understand the counterpart's.
> Your last two examples are ones where a conservative ideologue would look and say "No, they aren't being granted equal rights".
Unless we're "no true Scotsman"ing things here, conservative ideologues in the US (and a variety of other countries) have strongly and consistently opposed gay marriage, often arguing they had the "same rights" as others and that allowing same-sex marriage would be "special treatment".
Before that, the same was true for conservatives and interracial marriage.
The point of the cartoon is not to advocate for the right to watch a baseball game. It's an analogy showing how the binary "you either have to have an unfair situation or give someone preferential treatment" isn't always the only two options.
Similar cases: Voter ID laws with disproportionate impact on minorities, gay people having "equal" right to marry someone of the opposite gender, people in impoverished school districts having "equal" rights to an education, etc.