Correct.
Scalia is indeed wrong.
Fundamental rights are not subject to 'popular vote,' one's civil rights are not subject to 'majority rule,' and those protected liberties are immune from government attack.
We are a Constitutional Republic, not a democracy, where citizens are subject solely to the rule of law.
We are no longer a Republic when the top judges are making rulings that ignore the definition of words and the exact words of law as written.
We are no longer a nation of laws (a Republic) and are now a nation of elite men's opinions (Oligarchy)
The justices recognized that the Equal Protection Clause applied to the gay marriage issue.
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law;
nor deny to any person within its jurisdiction the equal protection of the laws.