Just at the beginning of the judge's dissection, I take a slight issue with his use of the premise that homosexuality is not a choice as a foundation to his rebuttals.
Please don't misunderstand my point here, though. I do not believe that sexual orientation is a choice. I think his premise is a true one.
My issue is that using it as a premise is less iron-clad, in my opinion, than explaining the basis of the discrimination as one of gender, rather than sexual orientation.
What I'm saying is that acknowledging the right of Jennifer to marry Steve while simultaneously denying the right of Adam to marry Steve presents a clear inequality between the rights of Jennifer and Adam on the basis of their gender. Jennifer can marry Steve because she is female. Adam can't marry Steve because Adam is male. Adam does not have the same right that Jennifer enjoys because he isn't the same gender as her. The sexual orientations of Jennifer, Adam and Steve are irrelevant.
It's pedantry, I suppose, but I think its more difficult to rebut that line of reasoning.