That some perceive a difference predicated on procreation isnt Constitutionally valid, however; just as many once perceived separate but equal as appropriate. The primary benefit of the rule of law and judicial review is that those wishing to restrict the fundamental rights of others are compelled to provide objective, documented evidence in support of such restrictions; those seeking to prohibit same-sex couples from marrying have failed to do so.
The constitution doesn't directly say anything about marriage. The constitution has been determined to protect people's fundamental right to marry, but that has been done under the general assumption that "marriage" means the union of a man and a woman. It's not a restriction of anybody's right to marry because we define marriage in a way that doesn't appease some people. Even if we defined marriage as the union of any two consenting adults, that's still inclusive to some and exclusive to others, but that doesn't mean anybody's literal right to marry is being taken denied.
The law doesn't have to be tailored to your specific situation for it to be equal, nor are you being denied a specific right because it doesn't pertain to your preference.
The state couldn't deny one heterosexual couple a marriage license over another simply because one has children and the other doesn't, true. But we're talking about the definition of marriage and why it exists and why it doesn't tend to include same-sex couples. It does become a matter of privacy when we're talking about a type of couple that potentially could procreate and the discretion they use to determine whether or not to parent. It's less about privacy when talking about legalizing other forms of marriage that would not procreate regardless if it was a requirement or not.
The issue isnt legalizing another form of marriage. Indeed, same-sex couples seek only access to the same marriage law as opposite-sex couples have access to, as guaranteed them by the 14th Amendment; they have no desire to change marriage, just as they have no desire for some alternate marriage.
They do, in fact seek to change marriage if they're attempting to define in something broader than the union of a man and a woman. The 14th Amendment has nothing to do with this -- and this is a subtly false assumption many proponents make that more people need to start pointing out -- because "couples" don't have rights. You have an individual right to marry; you do not have a collective right to be called married. If that were true, it would be unconstitutional to deny polygamists a marriage license because they have a right to marry. It's also the case that the constitution does not require the creation of a law.
Marriage law in all 50 state is gender neutral, the doctrine of coverture abandoned well over a generation ago. There is consequently nothing in any states marriage law that would prevent same-sex couples from accessing that law, exactly as that law is written today, with no changes or alterations.
I would say this is plainly incorrect. I mean, the text of Proposition 8 was, "only marriage between a man and a woman shall be valid or recognized in the state of California". In fact, it's more often the case than not that there's something that defines marriage on gender-specific terms.
And you keep using the word "requirement"...I didn't say anyone was required to have children. I don't think anyone really has said it was a requirement of marriage that people have children. The point is, many of the benefits tied to marriage exist given the fact that men and women tend to have children. They don't exist just as a gift of sorts for being in a romantically fulfilling relationship.
What youre describing is a variation on the marriage theme; all marriages are equal regardless their constituent parts: the married couple may be of different races, the marriage may or may not have children, and the marriage may be of a same-sex couple. The benefits tied to marriage that exist due to the fact that men and women tend to have children may be relevant from a religious or personal standpoint, which would indicate that those holding such an opinion would not engage in same-sex marriage, but its not a requirement of marriage, as some here have indeed argued.
In some ways, yes, all marriages are equal. But again, the government doesn't bestow certain benefits on married individuals just because people love one another or get into a committed relationship with someone. People seem more interested in asking why can't we legalize gay marriage than explaining why we should, and being like, "there's no good reason not to" doesn't really fulfill the argument as to why we should legalize it.
We have certain benefits and privileges tied to marriage, but that isn't reason alone to bestow them on any similar type of couple just for the sake of fairness.