The California opinion is a bit unique, because of the state’s existing law permitting "domestic partnership." A few years ago, a law was enacted granting same-sex partners the same civil rights and obligations as heterosexual marriages – the only difference is that the traditional union is called a "marriage" and same sex unions are called "domestic partnerships." Thus, the only issue was whether or not, given the laws on the books, there was an "equal protection" violation by giving same-sex unions a lesser designation than the more commonly one of "marriage."

Some will express horror at the "destruction" of traditional notions of marriage, as being only a monogamous joining of a man and a woman. These folks will rest their argument on the idea that any other type of union violates Biblical notions and the traditions of our country.