Obama administration will no longer defend DOMA

That's why I said early in the threat that I'm not convinced same-sex marriage bans are unconstitutional. It would take some judicial activism to get us there. First, you would have to define homosexuals as a protected class, which we've never done (I don't think Lawrence v. Texas is about that). Short of that, you would have to apply rational basis review. As you know, courts, other than the California court that handed down Perry, are going to let the state legislatures or Congress determine what social science they want to use. And if the voters don't agree, they will speak with their votes.