The key to the decision out of New Orleans is that homosexuals have never been classified as a suspect class therefore qualifying them for strict scrutiny. If a state has a compelling reason to impose a law limiting their ability to marry, the law must stand. This is not a due process argument where they are being denied a right. Some states see heterosexual unions as a compelling social necessity (procreation, mother and father raising a child etc.) But since homosexuals have never been classified as a suspect class they are not subject to strict scrutiny and equal protection arguments fail. The rush of many other courts to over rule the democratically established processes of many states belies any argument that homosexuals are the currently the victims of any institutionalized discrimination. At the end of the day the definition of marriage is constitutionally given to the sovereign powers of each state.