Proposition 8, they say, "violates equal protection because it impermissibly discriminates on the basis of sexual orientation and sex."
Proposition 8, they continue, also violates equal protection because it "prohibits a man from marrying the same person that a woman would be free to marry and, vice versa."
Moreover, they say, "the so-called 'traditional' marriage that Proponents claim Prop. 8 was intended to preserve is one that defined roles based on sex and reflects a time of de jure and de facto gender inequality."
So, under the Constitution as interpreted by these advocates of homosexual marriage, where can a state permissibly set limits on matrimony? Would three people have an "equal protection" right to marry each other? Of course they would. So would four, five, six or 600. What was and was not a marriage would only be determined by "the changing needs, values and understanding of our evolving society."
The first victims of this specious quest to "evolve" our society by declaring same-sex marriage a constitutional right would be the most vulnerable class of Americans: children.
The argument of super-lawyers Olson and Boies assumes on its face that children have neither a need nor a right to a father or a mother. It attacks the very idea of motherhood and fatherhood
"Plaintiffs' experts will testify that there is no credible evidence suggesting any difference in the quality of the child-rearing environment in households led by same-sex couples than in households led by opposite-sex couples, and that the best interests of a child are equally served by being raised by same-sex parents," the lawyers say.
These lawyers want a federal judge to tell children yet unborn - -who may in fact be artificially conceived for the specific purpose of being handed over to a homosexual couple -- that they do not need a father and cannot have one or that they do not need a mother and cannot have one.
If federal judges do indeed hold that the claimed right of two men to marry each other trumps the natural right of a child to be loved and nurtured by a mother and father, we should not expect the uprooting of natural law as the basis for positive law in our society to end with this brutal disregard for the rights of children. The courts might as well declare that 1 plus 1 equals 4.