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.
In an exhaustively researched, well-reasoned, and thoroughly sourced 138-page opinion, Judge Walker found that the proponents of Proposition 8 had utterly failed to make even an elementary case for their position. They could not even demonstrate a rational basis for their claims, the lowest possible standard of review in federal jurisprudence:
Proposition 8 cannot withstand any level of scrutiny under the Equal Protection Clause, as excluding same-sex couples from marriage is simply not rationally related to a legitimate state interest.