In "Perry v. Schwarzenegger", the U.S. District Court for the Northern District of California in its Findings of Fact commented that sexual orientation could be considered a suspect class, but on the facts presented Proposition 8 failed even to satisfy the much more deferential rational basis review. The U.S. District Court for the District of Nebraska held the same in "Citizens for Equal Protection v. Bruning", but was reversed on appeal by the United States Court of Appeals for the Eighth Circuit.