The California court had a more direct response:
It is sophistic to suggest that this conclusion is avoidable by reason of the circumstance that the marriage statutes permit a gay man or a lesbian to marry someone of the opposite sex, because making such a choice would require the negation of the person’s sexual orientation.
Of course, the negation of gay people’s sexual orientation is the goal of D’Souza. We do not exist, as far as he is concerned.