This nonsense has nothing to do with equal protection rights for gay Americans, and the fact that denying them access to marriage law is un-Constitutional.
They were already protected based on gender, lifestyle is not a protected right.
Read Romer V. Evans. Then tell me that gays aren't protected from the violation of their rights.
And make sure to take a long, hard look at the author of that decision. Its none other than Mr. Swing voter himself, Justice Kennedy.
Sorry, don't see a correlation between the two concepts, I think the State laws against gay marriage will meet the strict scrutiny test.
The courts explicitly protected the rights of gays in Romer from discrimination and arbitrary targeting by state law. And they did so on the basis of the victims of such discrimination being gay. You insist that a 'lifestyle is not a protected right'. The courts have found that the people living that 'lifestyle' are protected. And that they can't be subject to an arbitary abrogation of their rights without a compelling state interest, a valid rational reason, and a legislative end that can't be achieved in other ways.
Gay marriage bans, as lower court after lower court has found, fails on all three points. It serves no state interest, it has no rational basis, it serves no legislative end.
I say this because the States can articulate a compelling State interest in preserving traditional marriage.
And what interest would that be? Remember, any issue of procreation is out. As the law makes millions upon millions of excepttions for infertile couples, old couples, and those who choose never to have children, allowing them to marry or remain married....but only if they're straight. No one is required to have children nor be able to have children in order to get married.
No one.
Why then would we exclude gays for failure to meet a standard that doesn't exist and applies to no one? There is no reason. So what compelling state interest does the state have in 'preserving traditional marriage'? What requirement of straight couples can gays not meet?
This is where the gay marriage ban argument breaks again and again. There is nothing that marriage requires that same sex couples can't do. There's no requirement they can't meet. And as all the childless and infertile couples demonstrate, there's clearly a valid basis of marriage that has nothing to do with children or the ability to have them. Making a 'man woman' arrangement arbitrarily discriminatory. And gays likewise arbitrarily denied their rights.