First off the Pope in many ways is correct..But talking about Gay Rights. The concept of “rights” has been mangled out of recognition.IMO
A fundamental right is: A moral principle giving you (the individual) freedom of action in some area. Your right to life says that you are right to keep on living. Your right to free speech says that you are right to speak out… although you may still be wrong/mistaken, on your content. Your right to property X says that you are right to dispose of it as you wish. And so on.
Thus, fundamental rights belong to individuals. (By the way, they also precede government, logically and morally. Government does not create them, it merely recognizes them. Or not, in the case of a tyranny.)
Committing to somebody is your right. But having third parties change their behavior for you, in recognition of your commitment, is NOT your right. It is a privilege that government may give you, through a licensing process known as a “marriage license”. All licensing processes exist precisely to CREATE discrimination, for public policy reasons. Example: A driver’s license says that Mary can drive, while John can’t. A license to practice medicine says that John can, while Mary can’t. That’s intentional discrimination, created for public policy reasons.
Thus, obtaining a State marriage license is NOT a fundamental right. It is, rather, a public policy issue.
I support gay partners – and with the continued exclusion of polygamists, the incestuous, etc.. because I think that would be the best public policy. Others disagree with me. That’s why we have democracy. Pro or con, I accept the democratic outcome on it (while still keeping my personal opinion, of course; my own view of how things should be and I hope they stay that way).