America is based on a system called checks and balances. If this system did not exist many liberty’s many people in this country would not be considered first class citizens such as African Americans. If the system of checks and balances did not exist the Jim Crowe laws would of been not overturned.
There have been other bans of marriages Such as Loving v. Virgina which in 1967 overturned laws which barred interracial marriage. In 1972 the first civil rights case for LBGT rights was filed, Baker v. Nelson their defense was barring homosexuals for marriage was against their First Amendment (freedom of speech and of association), Eight Amendment (cruel and unusual punishment), Ninth Amendment (unenumerated right to privacy) and Fourteenth Amendment (fundamental right to marry under the Due Process Clause and sex discrimination contrary to the Equal Protection Clause).
In 2008 California Supreme Court had a dual holding with In re Marriage Cases which were “statutes that treat persons differently because of their sexual orientation should be subjected to strict scrutiny” and “California legislative and initiative measures limiting marriage to opposite-sex couples violate the state constitutional rights of same-sex couples and may not be used to preclude same-sex couples from marrying.”. Proposition 8 which was manly funded by religious organizations such as Mormons, Catholics and other Christian organizations. They lobbied this bill on Homophobia and untrue findings and blatant disregard to ones unalienable rights life, liberty and the purist of happiness.
When a bill is passed under religious rhetoric and a biased populace. The affected populace is allowed to challenge the law. That is exactly what Perry v. Schwarzenegger did. The judge found this
Marriage is a civil, not religious, matter. (Finding of Fact (FF) #19)
How the State defines civil marriage (FF #34)
The benefits of civil marriage (to the State and the individuals). (FF #35-41)
A definition of sexual orientation. (FF #43)
Individuals do not generally choose their sexual orientation. (FF #46, p. 75)
No credible evidence supports a finding that an individual may, through conscious decision, therapeutic intervention or any other method, change his or her sexual orientation. (FF #46)
The State has no interest in asking gays and lesbians to change their orientation, or in reducing the number of gays and lesbians in California. (FF #47)
Marrying a person of the opposite sex is an unrealistic option for gay and lesbian individuals. (FF #51, p. 79)
Domestic partnerships lack the social meaning associated with marriage. (FF #52, p. 80)
The costs and harm (to the State and to lesbians and gays) resulting from denial of marriage to same-sex couples (FF #64-68, 77-78)
Gays and lesbians have been victims of a long history of discrimination. (FF #74, p. 96)
Religious beliefs that gay and lesbian relationships are sinful or inferior to heterosexual relationships harm gays and lesbians. (FF #77, p. 101)
Now with seeing that Marriage is a civil not a religious matter. This ruling can be further defended by Separation of church and state. Every American has unalienable rights. When any group of the populace of the United States of American is denied their fundamental rights. They have a legal right to challenge any law that discriminates against their fundamental rights.
This is called progression, every event in America history that involves on civil rights. Is based on progression even if unpopular by majority of the populace. Every person has the right to life, liberty and the pursuit of happiness. Since there is no logical reason why Homosexuals have no right to marry. With the only fighting force against this civil right is religious rhetoric. One must see this issue as a civil rights issue not a religious issue.