The Equal Protection clause of the 14th Amendment states that states cannot, "deny to any person within its jurisdiction the equal protection of the laws." I think that's pretty clear. It means everyone no matter who they are, must be treated equally under the law. With that being so, why don't some people understand that yes, that includes gay people? A common refrain is that marriage is not a constitutional right, and that is true.
But since there is marriage, people have to be treated equally when it comes to marriage. Along as the government gives marriage certificates, it must and has to treat people equally in regards to who they want to marry. Along as a person has the ability to marry another person, than the government cannot discriminate based on sexual orientation.
The Equal Protection Clause also means that all levels of government must abide by it, federal, state or local. The U.S. Constitution is the supreme law of the land. I find it very ironic that men and women who like to call themselves libertarians, are much more concerned about the ability of states to discriminate against their citizens, than the rights of the citizens themselves.
After all, who today wishes for the rights of certain states to once against discriminate against African Americans, or women? Who wishes for the ability of states to once again to say to an interracial couple, that you need not apply for a marriage license? Who wishes for the ability of states once again, to say atheists, you can't run for public office? Wait, on that one there is still a lot of support in America, unfortunately.
But why do so many self described libertarians take such a very anti-libertarian view when it comes to marriage rights for gays? Why do they take such a narrow view on constitutional rights and equal treatment under the law, if they are in fact, libertarians? Do they just like calling themselves libertarians? Well, partly. The fact is, same sex marriage is inevitable in every state of the union. One day, pretty much every conservative in America will state that they and the conservative movement supported the ability and right of gay couples to marry.
This pattern happens time and again in history. We saw it on suffrage, we saw it overturning the bans on interracial marriage. Conservatives opposed those things but their conservative children came to accept and support them. Those future conservatives who are infants today, will support same sex marriage. There is a silly argument that this makes gays a protected class. No, if anyone is protected under marriage laws it is heterosexuals because ONLY they can marry according to their natural sexual orientation.Gays and their supporters (about 1/2 of America at this point) just want equality under the law, as it is in the U.S. Constitution already.
P.S. By the way, when I say conservatives I am not talking political party. Democrats can and have been conservatives and Republicans have been liberals. I am talking about the movements, not the political parties which are vehicles of certain movements at certain times in history. I have to say this because people sometimes