It's fascinating that they only used rational basis instead of intermediate or strict scrutiny. While precedent currently places sexual orientation in the realm of rational basis, I think that an extremely strong case could be made that a law concerning the right of gays to marry involves a suspect classification. All of the following criteria appear to be true:

- The group has historically been discriminated against, and/or have been subject to prejudice, hostility, and/or stigma, perhaps due, at least in part, to stereotypes.

- The group is a "discrete" or "insular" minority.

- They possess an immutable and/or highly visible trait.

- They are powerless to protect themselves via the political process. (In this case, they are subject to the tyranny of the majority.)

(http://en.wikipedia.org/wiki/Suspect_classification)

It will be interesting to see what happens when this reaches the Supreme Court.