Apparently there was no reason to do so. The judge says it's irrelevant. From page 116:
That the majority of California voters supported Proposition 8 is irrelevant, as fundamental rights may not be submitted to [a] vote; they depend on the outcome of no elections.
Irrelevant?!
I have a fundamental right to “X” therefore I may take it.
nice house? take it as a fundamental right.
This judge just imposed a kleptocracy via mob rule.
I am having a hard time finding where same sex marriage is a ‘fundamental right’.......I am also finding that the majority rule in our country, as with some states, is being steadily overridden by minority rule. Anyhow, this judgement was tainted from the get go being the judge is a homosexual. =.=
Meanwhile freedom of speech, freedom of the press, freedom to assemble, freedom to own a gun... ect.. are all infringed upon to the point that they don't even exist practically.
So to sum things up.. liberals rights are absolute, conservative right are subject to restriction, got it.