The Constitution and the Courts. Didn't you pay attention in 8th grade Civics?Rights, as defined by..........who ? You ?
It's also a civil right, or haven't you been paying attention now too?Marriage is an institution.
And yet throughout all of recorded history there have been marriages which going in are never ever going to be a part of that tradition. If you are talking Christian tradition, you also didn't bother to pay attention in History, either. Marriage wasn't a requirement of the faith until the Middle Ages, you got a blessing for your betrothal, which gave you the go ahead to consummate to your heart's content, marriage was left to local law and custom. The Church did offer an optional blessing in the way of religious ceremony, but for the common folk, not only did you have to pay for it, you had to walk in with live proof that your betrothal had been consummated. The Catholic Church coming out with the requirement that the faithful be married in the Church was one of the catalysts for the Reformation, with Luther, Calvin and others opposed to the Church interfering in that way.Procreation is traditionally the endgame of marriage.
Let me break it down for you hon. We the people have a right to be married in the eyes of the law and according to the common law on that subject, it is a right which can only be denied to we the people, when a compelling interest of the state is served in doing so. Your hang ups about having to share the title of marriage under the CIVIL LAW are of no interest to the state whatsoever. In the case of those who wish to marry someone who is legally eligible to marry, but not legally approved to marry, because they are not of the "right" sex, there is no interest of the state, compelling or otherwise, being served in their denying we the people, our right. In real terms this means, California's amendment is toast, probably without so much as a hearing, the Court will likely announce this shortly after the election when they are going to finally have a case they can kill DOMA with, on election day, marriage equality is likely to be approved by the voters in three states and a constitutional amendment killed in a fourth and all before Christmas.
Thanks for playing, but we've already gotten past you.