Does Ninth Circuit Mortgage Interest Decision Create Special Rights?

It is kind of ironic for the Ninth Circuit, which played such a big role in advancing marriage equality, to be issuing a decision that discourages registered domestic partners from marrying. That is an effect of the decision in the case Bruce Voss and Charles Sophy vs IRS, although I imagine it is an unintended consequence. It almost seems as if the Ninth Circuit has instituted that conservative trope - special rights for homosexuals - with this decision. Closer analysis would show it would be more like special rights for homosexuals and geezers. Home Mortgage Interest Limitation