Gay Marriage

Is marriage a right? Depends. Is gay marriage a right? Depends. What brings me to write about these questions. Anger at supposed guaranteed rights. Does our constitution protect the sanctity of marriage? I do not believe it does. Nowhere in the federal constitution is marriage mentioned, much less protected. Marriage was a province of religion until governments saw a chance of gaining revenue from regulating it. Therefore marriage began a religious institution, not a secular one. Does the federal constitution vaguely present support of gay marriage? Not really.
Amendment 9 - Construction of Constitution. Ratified 12/15/1791.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment 10 - Powers of the States and People. Ratified 12/15/1791. Note
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
It appears to me that these two articles leave rights not specifically enumerated to States and to popular interpretation. Does this mean that states can constitutionally grant or deny certain rights? Certainly. Is this what California and many other states have done in recent years? Yes. Can it be done by referendum, or popular vote? Yes.
Is gay marriage an unalienable right, spoken of in the Declaration of Independence? I do not believe so. This brings up another point. It was stated that we live in a democracy, and that people had this right because of that. That point is flat out false. We do not live in a democracy. We live in a representative republic. If we lived in a democracy, it would make the pro-gay marriage position even weaker than it is now. A simple majority would rule, and gay marriage would have been banned for over 2 years now in California, seeing as one law was already passed to prevent gay marriage.
So where does the issue currently stand. As of now, 3 cases are pending before the California Supreme Court, to decide whether this amendment was legally put before the California constituency. What will happen? Who knows? As has been represented recently in California’s Supreme Court rulings, gay marriage will survive. But at present this quote, I believe is law.
“Amending the California Constitution by voter initiative requires a simple majority to be enacted.[127] A constitutional amendment passed by the electorate takes effect the day after the election.[127]” (http://en.wikipedia.org/wiki/California_Proposition_8_(2008)
Living in the country we do does provide the general public to occasionally speak as individuals when addressing law. This time, as with most others, the majority rules. Some will say that the majority is taking away rights that were not theirs to take. Remember, at one point marrying 13 year olds was appropriate, as was marrying multiple women. Owning other humans was considered to be okay. But in the end, the majority ruled in those cases also; sometimes by might, other times by longsuffering and persuasion. In the end, righteousness won.
Like it or not, gay marriage is not legal in California. In three months, who knows? But until the courts rule, the laws as it stands, is the law.
I use this format to avoid conflict. Well based arguments are appreciated; opinions based on emotion are simply opinion. When both sides stand on fact, and arguments from both sides are considered by both sides, compromise and understanding will prevail.