Reply #30: Vis a vis state law, maybe-- not federal laws--and federal laws "regulating" the military, no less. [View All]

[No Elephants]

Differences in the facts of a case matter a lot in court. And, while Kennedy has ruled in favor of gay rights in some cases on Libertarian type grounds, he is no liberal.

Besides, this is currently under review by Congress, the President and the military. You'd have to be a fairly activist Justice to say five judges should pre-empt all that.

I'd say Kennedy's favorable vote is a possiblity, not "a very good chance." And, a favorable vote from all of Breyer, Ginsburg, Sotomayor and Kagan ain't necessarily a lock , either.