[rollo tomasi]

Scalia sided with the anti-Prop 8 supporters along with Roberts. Scalia and Roberts sided with DOMA but Kennedy switched because he did not want to look like a hypocrite in his “States” right argument (Concerning DOMA) that made no sense at all from a Constitutional standpoint (Equality concerning States that approve homosexual marriage, but ignores States that do not for some unknown reason).

Also ignores a bunch of other Fed/tax laws that defines marriage (There goes your "protect the Constitution" you closet pro-homosexual rights libertarians). Somehow those are allowed to stay, while the “goodies” are distributed.

[LibertyOh]

While the net effect of the opinion was aligned with anti-Prop 8 supporters, please keep in mind the bigger picture. Decision was essentially procedural, not really reaching the question of constitutionality of the substance of Prop 8. Scalia and Roberts may have seen the full court finding Prop 8 unconstitutional, which would have much far wider implications to all states. So they narrowed the victory to a battle by limiting the damage - procedurally no standing to defend Prop 8 so whatever the lower court decided stands. The war will go on, hopefully long enough for the wakeup call at the voters box to get defenders of traditional marriage in the positions to defend instead of ignore the voters decisions.