Continued from page 1

Judge Smith, the dissenting judge, disagreed that Proposition 8 necessarily served no purpose other than to treat gays and lesbians as second-class citizens. He pointed out that its backers claimed it could serve to promote responsible child-rearing among opposite-sex couples, and he said courts were obligated to uphold laws in the face of civil rights challenges unless they were “clearly wrong, a display of arbitrary power (or) not an exercise of judgment.”

“There is good reason for this restraint,” Judge Smith said.

Associated Press writers Paul Elias, Garance Burke and Terence Chea in San Francisco and Raquel Dillon in Los Angeles contributed to this report.