Originally Posted by Baby Lee
They DO have right to marry. No one is storming garden parties where gay nuptials are being performed and jailing the brides/grooms.
The issue is more properly whether gay couples have the right to demand the government recognize the union they have made.
People need to take a philosophy of law class. Again, a "RIGHT" is not something that the government ALLOWS you to do. This is a kindergarten way of looking at laws and government.
"RIGHTS" are things that the government is NOT ALLOWED to infringe upon with any law. So, when we say we have the "right" to speech, that DOES NOT mean that the government allows us, in their infinite wisdom to speek. It means that they are not allowed to TAKE AWAY our speech by passing laws. This might seem subtle, or semantics, but there is a HUGE difference.
-Your way: I am only allowed to do things that the government says that I can do. Anything that the government doesn't tell me I can do, is therefore not a "right" and therefore, I am outside of the law in doing it. Say, changing channels during commercials or chewing on a stick. The government has never told me that I can, therefore it's subject to debate as to wether or not it is my "right" to do so.
-The reality: I have a RIGHT to do anything I damn well please, including marry, chew on sticks, speek to a police officer about how shitty a job he's doing, go to the grocery store and complain about the prices, have sex with whomever I choose, etc... What I can NOT do is any of the things that the rest of society has deemed illegal: murder, theft, speeding, etc... Now, in the past, certain laws have gone too far in restricting people's freedoms. So, we made the bill of rights to protect the citizens from over reaching laws.
In the case of gay marriage. There is no LAW against being homosexual. There USED to be (sodomy laws), but they were all found to be unconstitutional for obvious reasons. It's just taken the government WAY too long to extend the benefits of society to people who's lives were only recently decriminalized. And the ONLY reason they haven't is because there is a large portion of society that thinks gay marriage is wrong and/or gross, which is a clear example of tyranny of the majority.