We’ll lose, at a minimum, Kennedy on this one. Roberts a maybe. Alito, Thomas and Scalia will side with DOMA
Don’t be too sure. Roberts gave significant pro bono help to the parties challenging the constitutionality of Colorado’s Amendment 2, which barred municipalities from designating homosexuals as a protected class. Ultimately Amendment 2 was overturned by the U.S. Supreme Court, in what was the most significant victory for the homosexual rights movement up to that time, making possible the much bigger homosexual victory of Lawrence v. Texas in 2003.
So, Roberts, of his own free will, helped the homosexual rights movement overturn a landmark anti-homosexual rights referendum that had been passed by the people of the state of Colorado; and he concealed this fact when asked about it by the U.S. Senate.