Those who argue for gay marriage do so based on the claim that all people should have the right to marry. The problem in American jurisprudence is that rights aren’t considered human legal constructs – we are endowed with certain rights and those rights are inalienable. If marriage is something we are endowed with and it is inalienable, then it is not something the state can mutate at will; and there is no reason to suggest that marriage could be one thing at one time and all together another thing today.


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