DesertDrifter -- I understand what you're saying, but this isn't about gays being a protected group in terms of being given any special rights or privileges or protections not given others in the positive sense -- it is instead in the corresponding but entirely distinct and different negative sense -- when the law, as it does, gives other (human, adult, not closely related, ...) couples the ability to secure many special rights and privileges by marrying, can the law then also constitutionally deny the same rights and privileges to homosexual couples by not allowing them to marry? -- where the answer to that question could and even should be 'yes' if the government could and did show a sufficient basis for such a discrimination -- again, really -- take a look at the opinion -- it's all there, very well laid out and even very well written, I promise ( http://www.scribd.com/doc/35374462/Prop-8-Ruling-FINAL [ http://www.huffingtonpost.com/2010/08/04/prop-8-ruling-read-the-fu_n_671050.html ])