From the Bay Area Review:
In briefs filed with the state Supreme Court this summer two new legal arguments have emerged in the ongoing battle over same-sex marriage. San Francisco City Attorney Dennis Herrera, in briefs filed August 17, is challenging the attorney general's stance that marriage is a "constitutionally insignificant label" and therefore same-sex couples suffer no "constitutional injury" from being denied marriage licenses.
The AG's office has also claimed in its filings with the court that because the LGBT community advocated for and supported domestic partnerships that same-sex couples cannot now complain that such legally recognized relationships are not equal to marriage.
Jerry at PHB pretty much sums up my thoughts when he asks if the AG is throwing the case by making such silly arguments. If the label "marriage" is insignificant, legally, rhetorically, or otherwise, then what's all the huss-fuss about from every corner? And the second argument... well, it's just too silly to even be worth going there.