Thus my inclusion of all the definitions of its common usage, Did ya have a point or just a fondness for the obvious
Any two consenting adults can provide a stable, familial environment. Got ANYTHING relevant to homosexuals?
Thus your inclusion of all the definitions of its OLD common usage not the current common usage. It was only in the absence of an implicit ban (through sodomy laws) that heterosexuals suddenly decided to explicitly exclude same-sex couples. (The times and current usage change)This is why the government must prove that the exclusion is necessary. If it is not necessary to exclude them, it can't deny them the right.we are not talking about an extension of a right. We are talking about the denial of a fundamental right. The right to marry exists... valid denials of that right must pass that strict standard of review in order to be constitutional. If, in those states that had a legal definition of marriage, that definition of marriage simply remained unchanged, same-sex marriage would be legal. Those states chose to change the legal definition in order to explicitly deny the right of marriage to same-sex couples.
"Any two consenting adults can provide a stable, familial environment"
You have yet to state any of the negatives associated with homosexual unions that don't exist in heterosexual unions. Anything? Oh, they don't produce children that's right.
The issue is does society have the right to restrict the behavior of a group simply because the it disturbs the sensibilities of the majority. What are the detrimental effects of homosexual unions?
Sexually transmitted disease? Occurs quite a bit in heterosexual unions.
Promiscuity? Hmmm... same here... many heterosexuals are promiscuous (quite a few even cheat on their marriage partners)
Unstable homes? I came from one... they were heterosexual. What exactly is the divorce rate?
They wouldn't make good parents? I know quite a few heterosexuals who wouldn't make good parents or spouses for that matter. What are the statistics on child abuse in heterosexual marriages. What about spousal abuse?
So what's left? It's not natural? That seems to be a personal opinion -- swirly straws are unnatural, but you don't see anyone seeking a constitutional ban on them?
So why not allow homosexuals to have the fundamental right to marriage? Constitutional law is clear. When a government makes an explicit exclusion involving a fundamental right, the State must prove that the exclusion is related to a valid State interest and the exclusion must be necessary in order to further that interest.If the government allows couples that it knows can't procreate to marry or if it requires a couple to be unable to procreate before allowing them to marry, it can not claim that an exclusion based on the inability to procreate is necessary. Given the circumstances, it obviously isn't.
That's the way it works. That is Constitutional law.