Logically, we should first define what this “right” is which you reference. I have the right to marry a woman. Every man basically has this right.
Can you show me where this right is detailed? Where in the Bill of Rights or anywhere else does it say that "Citizens of the United States have the right to marry."?
Marriage between two people of different sexes is an accepted social event, with it's basis in faith.
The government recognizes this event because of the laws regarding marriage's secular
relationship with the law, i.e. spousal benefits, taxes, patient's rights.
If two people want to be married and have their marriage recognized under the secular law
, why should the tenets of a particular faith determine whether or not they can do so?
It is interesting to note that marrying one's first cousin is not socially accepted, yet it is legal in nineteen states and D.C. without restriction. Seven other states have certain caveats, but permit the practice. Those first ninteen states include Texas, Alabama, Gerogia, New York, California, Tennessee and Virginia.
Six of the eight I listed have some ban on gay marriage. Out of all twenty=six staes, only Vermont, Massachusetts, New Jersey, and Hawaii have some form of legalized marriage for gays.
So much for the "social bedrock" argument.
...to say that California is “denying one the right that someone else has” seems unsupported, unless you're refering to "the right that someone else has in Massachusetts."
And that is what I am saying because of the 14th Amendment. If state laws deny benefits or rights, they are unconstituional. Period.
The Constitutional amendment became law after being ratified by two-thirds of the states, so the ratification by other states such as Mississippi was immaterial to whether any woman could actually vote. The point is, if supporters of gay marriage can gain their two-thirds support, it won't matter what Mississippi thinks.
How true, but what I was getting at was going by the "will of the people", will on occasion, hinder social justice.
Technically, "many" Americans is not the same thing as "most" Americans ("many" Americans voted for John Kerry). Whether "most" Americans would have supported equal rights for blacks in 1950 is unknown. The best way to find out whether most Americans support gay marriage is to let them answer with something important — the laws by which they will be forced to live. Then let the courts give those laws a fair review of whether they're constitutional.
We can debate the symantics as it relates to the number of people who didn't like X all night. The fact of the matter is racism played a great part in the civil and social inequites that blacks faced in this country.
And it shouldn't matter whether or not most Americans support it or not, under the law, no law shall me made that denies benefits to the few that the many enjoy. That should be the standard, not social acceptance.