The legal team arguing against California's Proposition 8 case provided answers to 39 questions from U.S. district court chief judge Vaughn R. Walker in advance of the June 16 closing arguments.
Attorneys Theodore Olson and David Boies sent the document to the court, disputing the constitutionality of upholding Proposition 8.
"If a state constitutional provision is inconsistent with the Fourteenth Amendment of the U.S. Constitution, it can no longer be given effect -- regardless of its level of public support," they wrote. "Whether or not Prop. 8 was motivated by discriminatory animus, it is unconstitutional because it facially discriminates on the basis of sexual orientation and sex."
They also added that while some antigay people have insisted that allowing gay and lesbian couples to marry would bring a swath of consequences, "when asked point blank, their lead council admitted that [the] Proponents 'don't know' whether allowing same-sex couples to marry would harm heterosexual relationships."