@cwilbur: The right to get married. Alright, I’m no legal expert, but I can look up a document and read it for myself. So let’s take this one step at a time.
“…the state needs to have a damned good reason to say that some people may enter into a certain type of contract but others may not.”
I noticed you used the phrase “enter into a certain type of contract” instead of “be granted certain types of rights.”
And they do have a good reason for this pertaining to gay marriage, and though it has gone without saying as an underlying warrant for centuries, it has only been recently that it was made crystal clear in this amendment in the California state constitution. The people voted to amend their state constitution so that only marriages between a man and a woman would be recognized as “marriages.” What they are saying is that same-sex unions should be recognized as “domestic partnerships” because the two aren’t the same, when it comes down to it. They realized that this distinction had not been clearly made before, even though this is how it was vastly understood for centuries; and so they made it.
Still, it is my understanding that the legality of domestic partnerships in California has not changed in effect of this Prop. 8.
“Further, the 9th and 10th amendments in the Bill of Rights emphatically underline the notion that people have the right to do whatever they want until it infringes on someone else, and that the role of governments is not to grant rights but to protect rights.”
Straight from the Bill of Rights:
“Article the eleventh [Amendment IX]: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Article the twelfth [Amendment X]: 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.”
I think you might have gotten that from the wrong place.
“Should we now deny women the vote because years ago they didn’t have it, and so it’s not discriminatory to deny people a legal right that the government denied them in the first place?”
Only if they are under the age of 18, as stipulated under Amendment 26.
My point is, there’s nothing in the Constitution that defines marriage (for anyone) as a constitutional right. It is left up to individual institutions to recognize marriages, and so far those institutions have been either the state or church, or both. As such, state constitutions have stepped in and pointed out that there is a difference between marriage between a man and a woman and unions between same-sex couples—one involves a man and a woman and the other two men or two women. I don’t think it is discrimination to point out this difference, but to say they are the same is irrational.
But, what I understand is that the gay community is most upset that they don’t have the same benefits as heterosexual couples under the title of domestic partnerships. The distinction between the two has been made clear; now the legality of the difference in benefits issue must be dealt with. These points laid out on Wikipedia would be a great place to start discussing the particulars of these benefits, if anyone cares to.