Here, Justice Scalia attempts to help Mr. Cooper by arguing that there is “considerable disagreement” amongst “sociologists” about the effect of same-sex marriage on the children of these couples. Not only is this anti-equality argument untrue (as reported by the New York Times). Justice Ginsburg notes that California has chosen to allow same-sex adoption, which suggests that the “what about the children?” argument has little weight in the Proposition 8 case. While Justice Scalia falsely characterizes the pro-equality position as “arguing for a nationwide rule,” if heightened scrutiny were applied to Proposition 8, rather than mere rational basis review, the government would have the burden of justifying anti-LGBT discrimination. Additionally, Justice Ginsburg’s questioning suggests that California’s decision to allow same-sex adoption but not same-sex marriage might lead to Proposition 8’s failure to meet even the minimal rational basis review.