[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.

[Torie]

Actually, the demeaning of the existence of any group lacks even rational basis, so if barring women from the military is found demeaning to their existence, then it is barred. One can differ as to what is demeaning and what is not vis a vis given class no doubt. It is just one of those value thingies. You go to your church, and I go to mine, and Saber to a third, and Kevin Curry to a fourth, and there you have it. I want to be on SCOTUS.