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The rational basis test is not an abstract logic exercise whereby the court determines whether the challenged law makes sense. The issue under the rational basis test in this case is whether there is a legitimate governmental purpose for denying same-sex couples the last step in the equation: the right to marriage itself. If this state has decided not to allow same-sex couples to marry, it might be quite reasonable to ameliorate some of their practical concerns in such areas as taxation, health care, inheritance and the like. Such reasonableness does not substitute for the need to find a rational basis for denying same-sex marriage in the first place.” “ The cases cited by the plaintiffs do not establish that California courts have recognized that the purpose of marriage in this state is procreation. Instead, these cases establish that annulment is a remedy for the fraudulent inducement to marry. The facts in plaintiffs’ cases also confirm the obvious natural and social reality that one does not have to be married in order to procreate, nor does one have to procreate in order to be married. Thus, no legitimate state interest to justify the preclusion of same-sex marriage can be found in plaintiffs’ cases.” “ The idea that California’s marriage law does not discriminate upon gender is incorrect. If a person, male or female, wishes to marry, then he or she may do so as long as the intended spouse is of a different gender. It is the gender of the intended spouse that is the sole determining factor. To say that all men and all women are treated the same in that each may not marry someone of the same gender misses the point.” “ Even if the encouragement of procreation were to be seen to be a rational basis for our marriage laws and even if it appeared that such interest is compelling, this rationale still fails to satisfy constitutional protection standards.”

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