Uh, yes in some states it is covered by both PA and non discrimination laws.
Just for you from Scalia...
As I have said, the real rationale of todays opinion, whatever disappearing trail of its legalistic argle-bargle one chooses to follow, is that DOMA is motivated by bare . . . desire to harm couples in same-sex marriages. How easy it is, indeed how inevitable, to reach the same conclusion with regard to state laws denying same-sex couples marital status.
In other words, it ain't over yet.
Scalia is easily the smartest man on the court. He understands that all of this has nothing to do with civil rights, equality or anything else. It is all about instituting the gay agenda.
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You're right.
He's the smartest justice on the court. Of course with 3 women justices the task got easier.