The U.S. Constitution guarantees the right to peaceful assembly, so two people of the same sex could get go to a church and have a marriage ceremony preformed and start living with each other and there would be nothing the government could do to stop this. They would be doing the same things married heterosexuals would do, only that they would not have the same legal rights as heterosexuals. Gay marriage can't really be banned, only rights being restricted. That being said, how would the restriction of legal marriage rights to same sex couples actually benefit America? Remember that homosexual marriages would happen even if their legal rights were not granted.What would the government not recognizing same sex marriages actually do for America?The government gives many special benefits to people who are legally married. These include tax benefits, social security survivor benefits, spousal privilege in court (can't be forced to testify against spouse), inheritance benefits (estates pass without probate or taxes to spouses, special treatment if there's no will, etc.), next-of-kin designation (who is entitled to make burial arrangements), and many many others.
The plaintiffs in Perry v. Schwarzenegger (the same-sex case in CA that is working its way to the Supreme Court) are arguing that if the government gives special treatment to two consenting adults who form a legal contract called "marriage", then it can't restrict that to just heterosexual couples.
The community as a whole benefits from stable long-term relationships. Restricting the right to form such relationships by only granting economic benefits to selected groups is wrong.
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