`` I believe it 's to preserve the institution of marriage for the purposes that it has always served , '' attorney Charles Cooper said , arguing that the key reason marriage exists in society is `` that sexual relationships between men and women naturally produce children . '' A panel of judges heard arguments over whether the measure is constitutional . Opponents of Proposition 8 say it denies same - sex couples ' rights . Critics say it protects the institution of marriage . A federal judge 's earlier ruling says the proposition violates the Constitution .
A panel of judges heard arguments over whether the measure is constitutional . Opponents of Proposition 8 say it denies same - sex couples ' rights . Critics say it protects the institution of marriage . A federal judge 's earlier ruling says the proposition violates the Constitution .