Gay rights groups would be happy to win under any standard, and they say there are no rational reasons for the bans. But they would also welcome a searching standard of review that they could use to combat other kinds of government discrimination.

A ruling requiring heightened scrutiny “would put the movement in the strongest legal position to challenge other state, local and federal laws that disadvantage gays,” said Brian T. Fitzpatrick, a law professor at Vanderbilt University.

David A. Strauss, a law professor at the University of Chicago, said gay rights groups were unlikely to get everything they want. “The court is likely to write an opinion that is long on majestic generalities and short on policy specifics,” he said, “and then leave it to the states and the lower courts to work out the implications.”

Read more at The New York Times