Untrue. If you read Judge Walker's decision against Prop 8, or the recent judgment against the Michigan Marriage Amendment, you'll see that both Prop 8 and the MMA failed because they violate the 14th Amendment's grant of equal protection: http://en.wikipedia.org/wiki/Equal_Protection_Clause
That is, both courts found that there was no rational basis for keeping gay people from getting married. The rationales offered by proponents didn't measure up.
In particular, both Prop 8 and the MMA failed to meet the Rational Basis test: http://en.wikipedia.org/wiki/Rational_basis_review
That is, both courts found that there was no rational basis for keeping gay people from getting married. The rationales offered by proponents didn't measure up.