If the goal is to keep the law as it is concerning marriage, then why is there a call for laws to "protect" marriage? And how is that not an attempt to make Christian religious preferences into law? Whose rights are violated by homosexuals getting married? Not mine that I can tell. On the other hand, preventing two people from entering into what is essentially a legal agreement that is allowed for nearly everyone else, that looks a lot like an infringement on their rights.
Hold on a minute there! First off, it's not just a legal agreement between two people. There's nothing preventing any two, or three, or any number of consenting adults from concluding such a contract
between themselves now (this may no longer be true in Virginia, where a recent ballot initiative might also have outlawed such agreements. I'm not entirely clear on the actual consequences). Legal marriage is, specifically, a legal agreement between two people,
and the state, with certain prerogatives guaranteed by the state.. In other words, it isn't just a contract between two people, it's a contract between two people and the Representative of society at large.
I will illustrate: one of the justifications advanced by advocates of gay marriage is that hospitals will be required to admit partners in gay marriages visitation rights in the same manner they're required to grant visitation rights in straight marriages.
Now think about that. The hospital isn't a signatory to the marriage contract, but it's bound by conditions of a contract between two other people. How many other contracts are required to be honored by outside parties? When you buy a Ford under warranty, is an auto shop that isn't part of the Ford franchise bound to honor the terms of that warranty? Of course it isn't. A marriage is one of the few, if not only, contracts that creates obligations on the part of non-signatories. That is distinctly different from any other forms of contract.
Second, I take issue with "agreement allowed to almost everybody else". Actually, it's an agreement allowed in only one circumstance that I'm aware of. People form all kinds of relationships that don't enjoy special protections by the state. There's no protections for people who form bowling teams or garage bands. Why not? Because those relationships, like gay relationships, are of no consequence to anyone else besides the participants in them. So, why are straight relationships of interest to society at large, but not gay ones? Isn't that treating them "unequally"?
It sure does treat them unequally, which is entirely justifyable, because they are not equal situations! Any honest examination of equality would have to consider equality of consequences. We can do that easily enough by isolating the variables. Consider - what would be the consequences if people, from this day forth, failed to form gay relationships? What would the country look like 20 years from now?
Now, what would happen if people failed to form straight relationships? What would the population look like 20 years from now? Smoked dope with any
Shakers lately? I didn't think so. Obviously, society at large has an interest in encouraging and facilitating hetero relationships that it doesn't have in encouraging and facilitating gay relationships.
And no, don't even start with the argument that not every straight marriage produces off-spring, either. That's a frivolous argument. The object of requiring people to stop at red lights is to prevent collisions with oncoming cross-traffic. The fact that I'm occasionally stopped at a red light and there's no cross-traffic in sight does not negate the utility of the law requiring me to stop. We make our laws to accommodate usual and expected circumstances, nobody even pretends that a body of law can be created to accommodate every outlier circumstance. As Ayn Rand put it, "We don't make our laws based on lifeboat situations, because most people don't live in lifeboats". Or, to put it another way, "Hard cases make bad laws". Also, note that we only put traffic lights at intersections where there's a possibility of cross-traffic. We don't randomly stick them out in the middle of nowhere on streets with no intersections where there's no possibility of cross-traffic at all.
There isn't even a libertarian argument here. The freedom to form relationships of your own choosing and engage in whatever sexual behavior you prefer without interference is a whole different thing from demanding that society at large sanction and endorse it. You have the right to behave as you choose. You don't have the right to demand my endorsement.
Happy Easter!