One thing that is missing in all of these posts is the citing of the state's compelling interest in marriage and, thus, its regulation. Such compelling interest (mitigated somewhat by Supreme Court opinions in recent years) can be demonstrated in certain hypothesized marriage relationships, but not in others.

By the way, someone posted that marriage should be left up to the states. It is.

Also DT, I agree with your prognostication regarding Prop 8. It reminds me of Newhouse and his religion related pleading on behalf of his daughter. Scotus ruled that as the non-custodial parent, he did not have standing to plea. I think that the equal protection clause will be used to strike part of DOMA.