Ireland backs gay marriage in 'landslide' victory

"Fairness" can go up for a vote. And while "all men are created equal," it's good to realize that our understanding of that phrase- of what "equality" really means and who it applies to - has changed over time just as much as the phrase "basic human rights."

As to the argument that the constitution allows anything it does not expressly forbid: the idea was never for the constitution to represent the sum total of laws in the US. States were to each create and enforce their own laws... and in our current reality, that means gay marriage is prohibited in some states and has also gone up for a vote in several.

And again, it's easy to say, "this shouldn't be up for a vote," But as we live in the real world and cannot go back in time, nor hand down edicts from on high, we're pretty much left with the option of changing the status quo through the legal channels that exist.

But it's the Irish constitution that was affected,not the US one, wwhich is a different beast. IANA lawyer, but it's my understanding that Irish law about marriage couldn't change without altering the constitution, which required a popular vote.

It's also important to realize how recent our assumptions are, not just the assumption that homosexual love is equivalent to heterosexual love, but that marriage is primarily about love, and not property or family bonds.

The No campaign in Ireland ran on a "marriage is about children" message, which backfired on them. It not only alienated childless couples and single parents, but it went against modern beliefs about love, marriage, and childrearing.