california’s proposition 8
“no state shall … deny to any person within its jurisdiction the equal protection of the laws.” that’s from the 14th amendment to the constitution of the united states.
marriage is a relationship that is licensed and sanctioned by the state and federal governments. moreover, benefits are conferred by the state and federal governments to people who choose to enter into this government-sanctioned contractual relationship.
how can one rationally argue that the state can deny benefits to a specific class of citizens – in this case same sex couples – without running afoul of the federal constitution?