No. That argument won't go anywhere. To quote Molly, "That dog won't hunt."

I'm referring to my post just before this, where I cite this post. Prop 8 will be found unconstitutional not because of what it does, but because of how they tried to do it. Pay attention to the post's second paragraph - that's an argument that was put forth in July and the court declined to hear it at that time. The comments are also a pretty good read, though there are a lot of nervous-type comments not relevant to a court decision.