Judge Walker clearly lays out in his ruling the extent to which the question is of how society is to be defined and that there can be only one dominant definition. That section reads like an inverted version of the compaints many orthodox Catholics have been making about the state of modern marriage for some time:
The evidence at trial shows that marriage in the United States traditionally has not been open to same-sex couples. The evidence suggests many reasons for this tradition of exclusion, including gender roles mandated through coverture, FF 26-27, social disapproval of same-sex relationships, FF 74, and the reality that the vast majority of people are heterosexual and have had no reason to challenge the restriction, FF 43.It's also worth noting that this is a highly progressive approach to understanding society, one in which human relationships and human nature itself is fully mutable. The danger of this approach from a traditional perspective is that it makes it almost impossible for advocates of traditional marriage to make their case. Any examples or evidence drawn from the past can be summarily dismissed as discussing only the "old" version of marriage. It represents victory for the cultural revolutionaries almost by definition.
The evidence shows that the movement of marriage away from a gendered institution and toward an institution free from state-mandated gender roles reflects an evolution in the understanding of gender rather than a change in marriage. The evidence did not show any historical purpose for excluding same-sex couples from marriage, as states have never required spouses to have an ability or willingness to procreate in order to marry. FF 21. Rather, the exclusion exists as an artifact of a time when the genders were seen as having distinct roles in society and in marriage. That time has passed.
The right to marry has been historically and remains the right to choose a spouse and, with mutual consent, join together and form a household. FF 19-20, 34-35. Race and gender restrictions shaped marriage during eras of race and gender inequality, but such restrictions were never part of the historical core of the institution of marriage. FF 33. Today, gender is not
relevant to the state in determining spouses’ obligations to each other and to their dependents. Relative gender composition aside, same-sex couples are situated identically to opposite-sex couples in terms of their ability to perform the rights and obligations of marriage under California law. FF 48. Gender no longer forms an essential part of marriage; marriage under law is a union of equals.