Same-Sex Marriage Update

[SuperFemme]

Moral disapproval alone is an improper basis on which to
deny rights to gay men and lesbians. The evidence shows
conclusively that Proposition 8 enacts, without reason, a private
moral view that same-sex couples are inferior to opposite-sex
couples. FF 76, 79-80; Romer, 517 US at 634 (“[L]aws of the kind
now before us raise the inevitable inference that the disadvantage
imposed is born of animosity toward the class of persons
affected.”). Because Proposition 8 disadvantages gays and lesbians
without any rational justification, Proposition 8 violates the
Equal Protection Clause of the Fourteenth Amendment.
CONCLUSION

Proposition 8 fails to advance any rational basis in
singling out gay men and lesbians for denial of a marriage license.
Indeed, the evidence shows Proposition 8 does nothing more than
enshrine in the California Constitution the notion that opposite-
sex couples are superior to same-sex couples. Because California
has no interest in discriminating against gay men and lesbians, and
because Proposition 8 prevents California from fulfilling its
constitutional obligation to provide marriages on an equal basis,
the court concludes that Proposition 8 is unconstitutional.