Since I am not a proponent of smaller govt, I won't comment on that. I'll just say that the people can demand that society be structured according to how they want it to be. Govt of the people, by the people, for the people. If/whenever they decide that homosexual marriage is a bad thing (damage to mental health), and queers teaching in schools (danger to kids), then they have the right to PROTECT themselves from that.
Thus, in (IMO) stupid societies (ex. New York, California), queer marriage is legal. In (IMO) smart societies (ex. Florida, Georgia, Alabama), it is banned.
And surely that "demand that society be structured" lark is THE US CONSTITUTION which most people seem to claim to support, and which gives individuals the right of protection from the US govt.
You're trying to claim mob rule, even after 223 years after the Bill or Rights was put into the constitution to stop MOB RULE over individuals.
And, to go to your argument, if they decide black people voting is dangerous, then they have "right to PROTECT themselves from that".
Right? hey, I have the right to protect myself from you? So I can ban you? You're dangerous, what with all that stuff talking about fluffy bunnies and all that, right? (Okay, I made that up about the bunnies, but whatever you get the point, I hope.).
I'd also say, your "right to PROTECT yourself" from anything you deem dangerous is not how the theory of rights actually works.
In all my time looking at politics, the one thing seems to be a constant. People do not have any single damn clue about what rights mean.
Get this. You can do whatever you like as long as it does not hurt others.
1) You can say what you like, as long as it does not hurt others. Ie, treason, libel or causing physical harm, and a few other things.
This is part of the 1st Amendment, right? The right is not absolute, and it protects you from the govt, however, it doesn't protect you to tread down on people.
So, you have a right to privacy, as long as you're not using it to tread down on people.
You have the right to own weapons, but not a right to kill people unless they are attacking you.
I could go on.
But it seems VERY CLEAR to me, that the govt does not have a place in telling people who they can marry, UNLESS it causes a danger.
Now, the danger is this. Firstly incest, it can cause medical issues. Secondly in minors because the rights theory says that minors don't actually have full rights or full responsibilities, and they therefore can consent. Others who can't consent are also in this category.
If you're going to ban "abnormal" people from marrying, then it wouldn't be that hard to come up with a list of about 300 million Americans who fit the term "abnormal".