the argument that it is rights infringement is moot. Again, P-Face, we are not protected by the bill of rights for state laws, only federal ones. Albiet, there has been a massive incorporation both forced, and set by the precedence of supreme court rulings in the past 50 years that have defined certain rights that neither state nor federal governments can interfere with. These are: free speech, no segregation (race and gender defined only), eminent domain (only to a very certain extent), privacy (even though thats not even in the bill of rights, but roe v. wade) , due process, no double jeopardy, miranda rights, right to counsel, assembly, petition, press, unreasonable search and seizure, and exercise of religion.
But the power to marry, a power that is still tied somewhat to religion, though not expliciitly associated with any single established religion (thus legal given everson v. board of education) . Thus marriage, is a government provided service, not law, and can be selectively distributed (much like rebate checks) and the term marriage is up to the people, sometimes directly, to decide.
Moreover, it is on a district or constituency, by local constituency decided level where the federal gov't has no rein. The federal govt can ban gay marriage (Defense of Marriages Act under Clinton), but states have every right to disobey it (i.e. massachusetts) with no legal repurcussions.
What i'm trying to say is, any argument involving the constitution is moot seeing as how its 1 not a constitutional matter, 2 it is a locally decided subject, and it doenst infringe on any guaranteed rights.
Im also trying to defend the ability for states to still establish their own laws, laws that have been accepted by local constituencies where the federal government has no bearing.
If there are people who still value the structure of the traditional family and wish to live in a society free of confusion and a, in their view, destruction of the term "marriage" then it is their every right to defend it. One could even argue, that by overriding popular vote, and establishing a law accepting gay marriage (unconstitutional via art IV: every state must follow a republican govt) it would both violate the freedom of excersiing religion (excersising religious beliefs through voting) and violate the constitution.
Therefore, not matter what your view on homosexuality is, i believe that it should be up to the people of each state to decide whether or not they should allow homosexualtiy.
Voting on laws is the foundation of our govt and if youre going to grant the govt at a state level the power of marriage, or request it thereof (therefore implicitly granting the state the power to marry), then that law and/or power should be defined by the consent of the governed.