It seems to me that Clement’s argument that “gays and lesbians have a proven ability to get the attention of [some] legislators” does not seem relevant to the factors that should prompt heightened scrutiny, as you have defined it. First being gay is, in fact, “unchangeable and unrelated to a person’s ability to perform or contribute to society.” Second, on the face of it, gays have “a level of political powerlessness,” because it is the majority party in the House that is arguing the case advocating DOMA. Finally, gays, like blacks, have “a history of discrimination.” Blacks also do not have trouble getting the attention of some legislators, but I assume the discrimination cases are still subject to strict scrutiny. That makes Clement’s argument sound either willfully deceptive or delusional. Thanks for your cogent account of this issue.