A recent article details a federal judge in Cincinnati saying the legislative process, not the courts, may be the best place to handle questions on same-sex marriage. He went on to say, “The most basic right we have as a people is to decide public policy questions on our own.”
At one time, whether a black person could attend school with whites, ride in the front of the bus, buy a house where they preferred, etc., were considered matters of public policy.
It took the courts to determine these things were constitutional rights, not matters of policy subject to majority approval.
It seems this will also be the case with same-sex marriage.
The U. S. Supreme Court ultimately will say if this is a right under the Constitution or not.