Are laws prohibiting same-sex marriage subject to the rational basis test or heightened scrutiny?

Proponents of same-sex marriage say heightened scrutiny. Opponents say rational basis. Both sides, of course, choose the standard of review that will most likely favor their own position. This is a decision that the US Supreme Court will eventually have to make. The criteria for heightened scrutiny require a finding that gays have been historically discriminated against and that gays do not have sufficient political power to prevent discrimination against their community.