He then vaguely invokes both due process and equal protection, without explaining how he overcomes the limits on those doctrines that I describe above. He does not, for example, declare homosexuals a suspect class, nor does he (or could he) claim that same-sex marriage has roots in history and tradition. In the end, he seems to hold DOMA unconstitutional because he is convinced that the purpose of the statute was to stigmatize gay people, and indeed there is some precedent for the idea that statutes based on animus are unconstitutional. But he does not provide a very convincing account of the motives of the legislators. Isnt it possible to oppose same-sex marriage without hating gay people?