Something possibly profound happened in the recently concluded case, Christian Legal Society vs Martinez. It's summed up by a letter from a lawyer for the anti-Prop 8 side to Judge Walker:
According to SCOTUS, gays and lesbians are now a class with respect to equal protection in the current court - hence the importance of this precedent with respect to the Prop 8 case.
My main fear with Elena Kagan, of course, is that she disagrees with this and will burnish her credentials among the judicial restraint chorus by siding with the right against gay people. How does Obama know she won't? How do we? Such questions are not to be asked or answered.