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The animus, or animosity, argument is a key part of the federal lawsuit against Prop. 8, because the Supreme Court has ruled that animus against any group is not a constitutional basis for forming laws. That argument was the primary issue on Day 3 of the trial.

Mr. Tam wrote a letter to Asian-Americans encouraging them to vote in favor of Prop. 8. It said voting for gay marriage was akin to legalizing prostitution and could eventually lead to legalizing underage sex.

Marriage is about defending womenAmong the many different versions of marriage in human history, very few of them have supplied the high-minded qualities that the plaintiffs feel is their right. The vast majority of marriages in the past, perhaps a majority even now, were dictated by families, clans, holy men or magicians, and enforced on the bride and groom by social pressure, enforced if necessary with brutality and violence. True, many marriages promote loving intimacy and enduring fidelity, but that’s an outcome of the relationship itself – not the raison d’etre for the institution. In primordial terms, marriage only exists at all – in all of its permutations, pleasant or barbaric – because of the nature of human heterosexuality. As a species, we need to protect female sexuality in order to assure ourselves of a future.