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This isn't gender. It isn't even sexual preference or orientation. It is marriage and the constitutionality of state laws regulating it. With regard to same sex couples, SCOTUS has a precedent of summary dismissal of the question in Baker v. Nelson. You can't get more relaxed scrutiny than that.
From Smith's opinion:
The argument that it is gender is in fact possible. While as I stated, I doubt it will actually be ruled as such, the potential argument is there. Baker and it's status as a precedent are questionable at best. To use it as a precedent in a legal case, a case has to be in all legal aspects identical to Baker.