between same-sex couples who cannot, without the intervention of a third party of the opposite sex, proek reeuate, but opposite sex couples who can do so unintentionally and create unwanted pregnancies. that's not a phenomenon that exists with respect to same-sex couples. the overriding -- >> but what is the rational basis for an initiative that when california law really says that homosexual couples have all the rights of marriage, all the rights of child rearing, all the rights that others have, what is the rational basis then, if, in fact, the homosexual couples have all of the rights that the heterosexual couples have? you're left with a word. marriage. what is the rational basis for that? >> your honor, you are left with a word, but a word that is, essentially, the institution. if you redefine the institution, if you redefine the word, you change the institution. so it is the -- you cannot separate the two. the name of marriage is effectively the institution. the issue here is whether it will be redefined, essentially, to be a genderless institution that bears little or very no relationship