Is Proposition 8 Vulnerable Under Romer?

This article, by Hastings Professor Brian Gray, argues that it is. But none of the petitioners are making this argument in the California Supreme Court. Presumably no one wants to open the door for possible review by the United States Supreme Court.

ps. Equal Rights Advocates and the California Women's Law Center have filed the fifth petition (here) challenging the measure. And here is a sixth petition, filed by the California Council of Churches.