Judge Calls U.S. Gay-Marriage Ban Unconstitutional

[Kevin]

I don't support the DOMA on a personal level.

That said, I certainly hate to see courts overturn anything which only merits rational basis review. It would seem that if the court really wanted to strike a blow for gay rights, rather than killing DOMA in that in flunked rational review, afford some higher level of scrutiny to discrimination based upon sexual orientation. Much of the case law supporting intermediate scrutiny for gender based classifications is directly translatable to sexual orientation.

Chemerinsky is usually on the money, but I don't buy what he's selling here.