if heterosexuals are granted the legal privileges of marriage, then homosexuals must also be allowed to marry. it's as simple as that.
Simple-minded is more like it. Bare assertions are not arguments based on constitutional law.
marriage is a fundamental right
The Supreme Court has never even implied that it meant anything other than marriage
between one man and one woman. That was so obvious it went without saying, because until a dozen years ago, no state had ever defined marriage in any other way. That is long after Meyer, Loving, or any other decision your wikilaw propaganda source may cite.
If the Court had meant to say that marriage, period, is a fundamental right, it would necessarily have meant to say eight-year-olds had a fundamental right to marry. It would have meant to say brothers and sisters had a fundamental right to marry each other. It would have meant to say that a person who was already married could marry someone else. And it would have meant to say that
polygamy is a fundamental right, because plural marriage is still "marriage."
But obviously the Court did
notmean that. There has never been a fundamental right to polygamy in this country. Just the opposite--Congress even required several states, as a condition of admitting to them to the Union, to ban polygamy forever in their state constitutions.
The Supreme Court said this in Reynolds v. United States, a decision involving a law against polygamy:
[W]e think it may safely be said there never has been a time in any State of the Union when polygamy has not been an offence against society, cognizable by the civil courts and punishable with more or less severity . . . upon [marriage] society may be said to be built . . . In fact, according as monogamous or polygamous marriages are allowed, do we find the principles on which the government of the people, to a greater or less extent, rests . . . there cannot be a doubt that, unless restricted by some form of constitution,
it is within the legitimate scope of the power of every civil government to determine whether polygamy or monogamy shall be the law of social life under its dominion. (emphasis added) 98 U.S. 145, 165-166 (1878).
So much for your blanket assertion that "marriage is a fundamental right." You can tell yourself that fairy tale as many times as you like, but no amount of repetition will change the fact that before Anthony Kennedy's recent ukase, the Supreme Court had
never suggested that anything in the Constitution guaranteed a fundamental right to
any form of marriage except marriage between one man and one woman.