The Discrimination Gays face/d was based on Exhibiting their Private Sexuality Publically...
Blacks could NEVER keep their Race Private, nor should they have been Expected to or Denied the Right to Couple and ProCreat with any other Race...
There is NO Analogy from Sexual Choices/Impulses and Race.
If Discrimination is what we are using as the Basis for OKing things then there are ALL kinds of People who are Discriminated Against, including Polygamists...
Because they Suffer Discrimination and Legal Recourse, they should be Viewed as Equal to Homosexuals in this Cause for Marriage "Rights", Correct?...
peace...
I don't agree with your analysis, starting with my disagreement even with initial premise.
I think the laws used to discriminate against gays for perfectly private behavior.
In any event, it used to be the law (in many states) that a black person and a white person couldn't get married, either. That was strictly based on race. What possible interest the state might have in that realm was never really established.
I'd say the same is pretty much true now, with gays. I remain at a loss to understand how or why the state (any state) might think it has any valid concern with the gender of a the individuals getting married.
A loves B. B loves A. A proposes to B. B accepts A's proposal.
In the past and today, if A is a male white and B is a female white, they can get married.
In the past, if A was a white male and B were a black female, the could not legally get married.
In the present (in a number of states), if A is a male and B is a male, the couple cannot legally get married.
Since I don't give a damn if A marries B and the State cannot articulate one stinking coherent reason why the law should prevent them (strictly on the basis of their same-gender status) from getting married, I don't see how their situation is different than the status of a mixed-race couple in the days of the Miscegenation laws prohibiting cross-racial marriages.
My wife is a Catholic. I'm not. Oh oh. I sure hope the State doesn't come up with some law prohibiting such marriages. Cross-religious marriages are a valid concern of the State because -- ??? Cross-racial marriages are a valid concern of the State because -- ??? Same-gender marriages are a valid concern of the State because -- ???
Polygamy -- by stark contrast -- is a very real concern of the State for a whole number of valid state interests. Those have been and CAN BE articulated.
I'd love to hear a rational argument by which cross-racial marriages can be stopped as a matter of legitimate State interest. Similarly, I have YET to hear a legitimate valid argument for a State interest in the gender issue of marriage.