There is a concern among supporters of marriage equality, especially those in the legal academy, that the decision of the Ninth Circuit in Perry v. Brown was too good to be true or, perhaps, too clever to be sustainable. Judges Reinhardt and Hawkins crafted a decision that struck down Proposition 8 with reasoning that applies only to California. All but ignoring Judge Walker’s far-reaching trial court opinion in Perry v. Schwarzenegger, they grounded their analysis in an application of heightened rational basis scrutiny, derived from Romer v. Evans, that emphasized the significance of taking away an important right from an unpopular minority. [...]