[Torie]

Yup, SCOTUS has a lot of tools, but they now have a third one. The puff line which was in Casey, quoted by Kennedy, and requoted by Scalia, and highlighted by Saber, is buttressed in the actual holding which uses the words, "The State cannot demean their existence ... " Denial of marriage is a demeaning of the existence of gays, and their lifestyle, and as citizens. Isn't it?

[AntiGuv]

Denial of women from equivalent roles in the military is "demeaning to their existence" as well, however even an intermediate standard of review does not require the strict standard of review which Scalia pretends to exist here....

In other words, unless and until there is at least some intermediate standard of review applied to gays, this discussion is moot. In the event that this comes into existence - i.e. an Equal Protection ruling that creates a "suspect class" - then the State will have to defend its prohibition of same-sex marriage under that standard.

Even then, the State may very well succeed in doing so.