The minute you label it differently, you're back in "separate but equal" territory, and we know all about the problems with that one. The justices even addressed that, weirdly, and allowed it to stand.
Interesting analysis here, on Daily Kos.
http://www.dailykos.com/story/2009/5/26/735571/-Read-page-36.-They-just-cut-Prop-8-to-the-bone.