Junebug
Well-known member
If they go equal protection and hold that classification based on sexual orientation is entitled to intermediate scrutiny, I think that opens up state "mini DOMAs," any other state laws restricting the rights of homosexuals (like laws prohibiting gay couples from adopting kids), and section 2 of DOMA to more challenges. I don't think they can survive (and don't want them to, but that is a separate issue) intermediate scrutiny.
Yeah, I agree. If the Supreme Court holds that homosexuals are a suspect class, a lot of laws are likely on the chopping block.