"Any threat to the Constitution has to be taken seriously, even if we know that the amendment isn't going anywhere," Wolfson said. "But there are many things we need to do, both positive and defensive. We need to not just survive an attack like this, but to win full marriage equality."

"Am I upset about it? Yes. I am upset, frustrated, angry and shocked at the shoddiness of the opinion," said Wolfson. "But in some ways, that's the silver lining. The opinion is so unpersuasive and such a throw backit's unlikely to be an impediment to any court ready to apply a more serious level of scrutiny."