Due process: the principle that the government must respect all of the legal rights that are owed to a person according to the law. Due process holds the government subservient to the law of the land, protecting individual persons from the state.(Webster Dictionary)
in short:
According to the founding fathers(not government today) it was "a limited procedural guarantee—a process whereby individuals were properly informed of the criminal charges against them and were given the opportunity to defend themselves." And was never suppose to apply to government actions
Alexander Hamilton “The words ‘due process’ have a precise technical import, and are only applicable to the process and proceedings of the courts of justice; they can never be referred to an act of legislature”
therefore, due process cannot be used as an argument against government legislation constitutionally enacted by the will of the people
Equal Protection Clause:Provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"
So, not being given a governmental certification does not mean one is denied equal protection of the laws. One does not get extra "protection" from access to government certificates.. such as the marriage certificate. Certain government "privileges" may be extended such as tax breaks etc, but many states already extend these privileges to civil unions. Therefore the Equal prtection clause of the 14th amendment also cannot be used as an argument against prop 8
*And now you know more than the chief judge for the Northern district of California
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