The federal action was brought on behalf of two gay couples who were denied marriage licenses after the ruling that upheld Proposition 8. If such an action were instead brought in state court, California would have an opportunity to bring equity to both sides. The attorney general, in defending the state's interest, could ask for a court order enjoining the state from using the terminology of marriage altogether. Instead, the state would give everyone -- gay or straight -- a civil union license and allow churches, synagogues, temples and mosques to say who can and cannot "marry" within their individual traditions. Religious freedom, a bedrock constitutional value of like importance to equality, would also be a winner.