Solicitor General Donald Verrilli here gets to a critical piece of the 9th Circuit’s holding below, which flows directly from Justice Kennedy’s opinion in Romer v. Evans: even if a group is not typically entitled to heightened constitutional protection, laws passed out of animus toward a particular group, especially laws that remove rights from the normal legislative process, are unconstitutional. Justice Scalia once again misrepresents the pro-equality argument as asking the Court to “impose this on the whole country.” General Verrilli simply asks the Court to decide the case actually before it, which is whether states which have granted same-sex couples legal marriage or marriage-like rights can subsequently take those rights away. The issue of whether same-sex marriage is constitutionally required is not necessary to invalidate Proposition 8, even though several conservative justices appear eager to strike a broader, and more lasting, blow against equality.