… Proposition 8 was premised on the belief that same-sex couples simply are not as good as opposite-sex couples. Whether that belief is based on moral disapproval of homosexuality, animus towards gays and lesbians or simply a belief that a relationship between a man and a woman is inherently better than a relationship between two men or two women, this belief is not a proper basis on which to legislate. The arguments surrounding Proposition 8 raise a question similar to that addressed in Lawrence v. Texas, when the Court asked whether a majority of citizens could use the power of the state to enforce profound and deep convictions accepted as ethical and moral principles through the criminal code. The question here is whether California voters can enforce those same principles through regulation of marriage licenses. They cannot. California’s obligation is to treat its citizens equally, not to mandate its own moral code. Moral disapproval, without any other asserted state interest, has never been a rational basis for legislation. Tradition alone cannot support legislation.
Good God damn, he was NOT mincing words.