As only he can, Dinesh D’Souza aims his intellect and gift for expression at the issue of same-sex marriage arguing that its institution by activist judges is a threat to democracy itself. He also helpfully explains why defending the preservation of the traditional definition of marriage does not threaten the Constitutional rights of homosexuals. Excerpt:
We already know what California citizens think about gay marriage: they oppose it. A referendum outlawing gay marriage was passed with the support of the state's voters. More than 60 percent of voters cast their ballots against gay marriage.
How, then, can a court invalidate the referendum and over-rule the will of the people? Basically through a kind of legal fraud. The court has to pretend that there is a right to gay marriage even though it is nowhere evident in the state constitution. Read the constitution, hold it up to the light, squeeze lemon juice on it--you won't see a right to gay marriage in there. It is simply not an enumerated right, nor is it a right that can be clearly derived from other enumerated rights.
In issuing its ruling the California court appealed to the equal protection clause of the Fourteenth Amendment. The basic logic is that gays have a right to be treated like everyone else. But just like everyone else, gays do have the right to marry. They have the right to marry adult members of the opposite sex! What gay activists want is something else: the right to marry members of the same sex. This is not a right currently enjoyed by anyone. What these gay activists seek is not equal treatment but rather to change the definition of marriage.