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According the the Proposition 8 decision, religion can no longer be considered when determining whether a sexual practice is morally and legally wrong. But this creates a few problems. When you take away religious considerations, there are quite a few evils left open for debate. For instance, apart from religious morality, how can you argue that rape is morally or legally wrong? If you maintain an atheistic, evolutionary worldview, rape is a natural, even necessary, part of human evolution.