[judgeandjury]

Herrera said the city's case will assert that the state law banning same-sex marriage goes against California's constitution because it violates the equal protection and due process clauses.

The equal protection clause is not intended to provide "equality" among individuals or classes, but only "equal application" of the laws. In other words, if the law says that homosexual men can't marry each, then that law applies to all homosexual men with no exceptions being made for any homosexual men who want to marry each other.

[freedomcrusader]

It's actually more general than that. No man, homosexual or otherwise, may marry another man. Therefore, there is no descrimination against homosexual men.