Here's how you solve the whole gay marriage debate. 1. Make all of the legal/tax benefits we now associate with 'marriage' occur with a civil union which can be between any two people of legal age. 2. Make the government only be able to recognize civil unions. 3. Make 'marriages' and entirely religious affair. If someone wants to get married, they can do so through the religion/church of their choice but it will have no legal or tax implications whatsoever. 4. Done. Just an FYI, I think it is fairly clear that the 14th Amendment prohibits discrimination against gays in the context of marriage.