I've been worried about that after listening to the hearings. In fact, the only real solution is to declare that:
- gay people are covered under the 14th amendment
- that discrimination must meet strict scrutiny
- and that gay people have a right to marry
Those rulings will come eventually, even if not this year, but narrow rulings will create chaos, as even the hearing indicated. Mr. Clement, for the opposition, cited the problem of military personnel refusing a transfer from West Point to Fort Sill, because it would mean losing their rights.
This Bloomberg blog post discusses the chaos that could ensue from a narrow ruling.