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scalia's dissent in the windsor opinion which was the 2013 opinion handed down just last summer, he called the majority opinion's reasoning rootless and shifting were terms he used. what he meant it was up in the air as to whether or not this was a state's power decision or whether it was a gay rights decision. because if you interpret it as the problem with the federal defense of marriage act was that it failed to recognize marriages for federal purposes. that the states, themselves, had recognized. that would be a state's powers issue because marriage has traditionally been as all family law is a matter of state law. this is a presumptive matter. so if that had been the ground of the ruling, that wouldn't have had that much effect on state bans because it's a state prerogative to define marriage, they can define it how they will. on the other hand, if you read it as a gay rights decisions, that means restrictions on him sex marriage are just as obnoxious to the constitution as