There is nothing that I can see in Proposition Eight, California's act that prohibits marriage between same-sex couples, as violating the principles of the Constitution.
Perversity is not a crime. Being viewed as perverse isn't actionable as a crime. One of the fundamentals of civilization is, that to be a crime, there must be harm. And not just a civil harm, but a criminal harm.
I read Rousseau as a college student. Having the freedom to choose what to do with yourself is a natural freedom. Whether you choose to paint yourself pink and yellow and prance about your bedroom is as natural a right as it is to pray to God. What right have I to tell you not to paint yourself pink and yellow and prance about your bedroom? The freedom to express yourself is a Constitutional right. The freedom to act in a manner that offends, is a Constitutional right. The license to marry is a contractual obligation that is recognized by the state. The state defines the conditions under which such a license is issued. Just as I must be able to pass a vision test, and a driving skills test, the state has under its jurisdiction the authority to issue rules to which one must abide, in order to gain the license of that state, to enter into a state of matrimony.
States don't have the authority to limit our freedom of speech, our freedom to express ourselves, or our freedom to choose much of our own lives. It does have the authority to tell each of us whether or not we can drive a car, build a dam, or shoot our neighbors. It does have the authority to tell us whether or not our children must attend school. It has authority over our lives that we may object to.
And all of this authority comes from the same place; the laws a state passes and then enacts.
Again, the Ninth Circuit attempts to wander from the tested waters of jurisprudence.
Good luck in the majors.