[gadflyinyoureye]

I think there are (at least) two things on this topic. The majority opinion didn't agree with Thomas (no one signed on to it). Second, event under Thomas' opinion, the question becomes one of shaky Constitutional footing. If these "rights" are not really Constitutional, the issue needs to move to Congress. There is nothing that prevents Congress from crafting a law to explicitly allow anything you listed.

Also, it could be that better argumentation is needed to seat something as a right. Take gay marriage as an example. If we solely describe it as a contract (not a religious rite), then you can probably lay access to gay marriage within the Commerce clause. Married couples move around. We can't have their marriages suddenly annulled by moving within the US. We don't allow that to happen to other contracts. Yes it might require a destination wedding, but the couple will comeback with all the rights an privileges thereof.

[nradov]

While I support marriage equality, it seems like fundamentally the wrong issue. Government shouldn't be involved in marriage in the first place. A better solution would be to eliminate civil marriage from the legal code entirely. If people want to go through some sort of ceremony and declare themselves married then that's fine, but that process shouldn't grant them any more legal rights or privileges than single people.

Currently civil marriage is bundled up with other legal issues like immigration, child custody, income taxes, and medical care decisions. But there's no fundamental reason other than tradition why those things need to be coupled. They could all be handled through separate contracts or elective registries.

[sofixa]

> Government shouldn't be involved in marriage in the first place. A better solution would be to eliminate civil marriage from the legal code entirely. If people want to go through some sort of ceremony and declare themselves married then that's fine, but that process shouldn't grant them any more legal rights or privileges than single people

That doesn't make much sense. So in order to get basic rights that come out of marriage/civil union like hospital visits, power of attorney, inheritance, child support, alimony, splitting assets and children in case of divorce etc. one would need to involve lawyers and sign one-off contracts that cover everything? Sounds like a collosal waste of time and money.

[UnpossibleJim]

I think that's fine, and by that logic religious institutions can avoid taxes by following charitable institution policies and tax regulations. That would keep a lot of the religious scam artists out of the water and money that says it's going to go somewhere good, going somewhere good. But I think we all know at least 1/2 of America's heads would explode.

What American government should do and what American government does are fundamentally different things and that ship has sailed. No different than what priests, teachers and actors should do.