Society already does limit marriage.
The society within my State, where the power to regulate marriage, has laws stating no same sex marriage. The faggots claimed that society can't do that yet you say they can.
If the marriage laws of a state violate constitutional guarantees, they're invalid. State legislation on marriage trumps federal legislation on marriage. But constitutional guarantees trump State legislation on marriage.
So you agree with PaintMyHouse that society can limit rights when they see it as necessary except when doing so is a right you don't think should be limited? I guess you support self preservation since no one of your own gender would have anything to do with you.
This doesn't make any sense.
Although inalienable our rights are not absolute, and are subject to reasonable restrictions by government (see, e.g.,
DC v. Heller (2008)); likewise government is prohibited from placing unwarranted restrictions on citizens' rights.
In general, when government seeks to place restrictions or limitations on our rights, the state must have a compelling reason to do so, that reason must be rationally based, predicated on objective, documented evidence in support, and pursue a proper legislative end.
With regard to measures seeking to deny same-sex couples access to marriage law, those measures are being invalidated by the courts because they lack a compelling governmental interest, they are not rationally based, they are devoid of objective, documented evidence in support, and they do not pursue a proper legislative end; indeed, they seek only to make gay Americans different from everyone else, something the 14th Amendment prohibits the states from doing (
Romer v. Evans (1996)).