lesbians is unconstitutiona under the circumstances they enjoyed that right, given every other aspect of marriage and all that is taken away is the honorrific designation. are we free to go beyond your ruling in your favor? a holding of the repeal to the right to marriage, the right to use the label "marriage" and to receive -- >> from do i what i think is, i think the answer to your yes is that you could decide this on the narrow ground that the roemer case gives to you and put into conjunction with in re marriage from the california supreme court. but i think this case is -- i roemer and exclude them from this part of society. awhat goal is california trying to accomplish and what it has accomplished in proposition 8, does it pursue those goals in a proper way. that's where the rational basis falls completely down. you might say left-handed people are color blind, you might make some distinctions but if you're saying they can't participate in a right because of an immutable characteristic you have not only a due process violation but an equal protection violation and ultimately that