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SuperFemme · 08-04-2010, 04:05 PM

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.

08-04-2010, 04:05 PM	#5
SuperFemme Timed Out How Do You Identify?: Permanently Banned 10/24/2010 Preferred Pronoun?: She. Relationship Status: Married (one of 18,000) Join Date: Nov 2009 Location: Atascadero, CA Posts: 4,933 My Photo Gallery Thanks: 2,309 Thanked 7,108 Times in 2,327 Posts Rep Power: 0	page 135 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.