The point is not all courts agree that banning SSM is unconstitutional. We both know that.<quoted text>
Did you read the findings carefully? "It follows that it is not beyond rational SPECULATION to conclude that fundamentally altering the definition of marriage to include same-sex unions MIGHT result in undermining the societal understanding of the link between marriage, procreation, and family structure."
Vaughn Walker, in his decision to overturn Proposition 8 (which outlawed same-gender marriage) found (among other things):
--"A parent's gender is not a factor in a child's adjustment. An individual's sexual orientation does not determine whether that individual can be a good parent. Children raised by gay or lesbian parents are as LIKELY as children raised by heterosexual parents to be healthy, successful and well-adjusted.
--Gay and lesbian adoption is widespread and is supported and encouraged in California law, providing evidence concerning same sex couples and parenting, with around 18% of same sex couples in California raising children. As a corollary, this provides evidence of fact that Proposition 8 is not rationally connected to improving parenting, since it makes no attempt to amend or revoke state approval of any aspect of parenting by non-married same sex couples.
--Marriage of other groups, controversial on comparable grounds at the time, such as race or ethnicity, has not reduced the "vibrancy" or importance of marriage as a social institution, although many people raised concerns of its degradation at the time.
Proposition 8 supporters appealed. But Vaughn's decision was upheld by a three judge panel in Feb. 2012.
Is Judge Walker gay?