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by prewett 3526 days ago
The 3% is the percentage of people who are homosexual, not the people that support them, but I see your point.

In this discussion I'm not taking sides, just noting that the court needs to decide quasi-moral questions. Our interpretation of the Constitution depends on our current beliefs (and might even lead to an interpretation that the original founders would have rejected). The constitution clearly says that we have a right of free speech. However, as far as I am aware, it does not state that we have a) a right to marry, b) a right to do homosexual acts, or c) a right for homosexuals to marry. In fact, I believe B and C were illegal for large periods of time (anti-sodomy laws). I suggest that the Founders probably would not have seen homosexual marriage as a right. Due to changing morals, however, the Supreme Court now views it as a right. Were the laws constitutional before but not now? Were they always unconstitutional, but nobody challenged them? As a thought experiment, if societal morals changes to believe that homosexuality is actively harmful to society, would anti-sodomy laws be constitutional? The process of interpretation of rights necessarily involves our current beliefs.