[oberto]

Untrue. Courts have also upheld many Prop 8-like measures in other states - see Nebraska's Initative 216, which the Eighth Circuit ruled was acceptable (http://en.wikipedia.org/wiki/Citizens_for_Equal_Protection_v...). So the courts disagree, and you cannot simply cherry-pick the "right" cases where the preferred side wins, to say that courts (who are always right) support you.

And ultimately, the courts are decided by majority vote, by being appointed by politicians that citizens vote for. A Supreme Court in Russia may find a rational basis for opposing gay marriage, and then write that in an opinion.

[wpietri]

As far as I know, no recent court has found that there is a rational basis for anti-gay-marriage laws. The Nebraska decision hauled up a 1972 decision, back before much of the science was in. And the entire point of Prop 8 in specific was to strip a right from gay people by amending the CA State Constitution, so I'm going to stand by my assertion that marriage redefinition is not what's going on here. Indeed, it's Prop 8 that explicitly redefined marriage here.