It goes beyond that. His entire argument goes down in flames before the Right to Pursuit of Happiness, and the Equal Protection clause. Screw property rights and tax advantages, this is about one of the three most basic human rights that form the basis of American Democracy, and for this group of people, it is clearly and illegally denied to them by the majority. Gays are prevented by law from sharing their life with the person they love. I am not. I have the God-given right to the Pursuit of Happiness, in our most basic founding document it says it in black and white, in what is probably the most resounding sentence in human history: I have an unalienable, natural right, granted by my Creator, not by government, to pursue my own destiny, my own happiness. So do they. Bigots say they do not, with absolutely no basis in law. That is illegal under the US Constitution, and the only exception to it is if The State can show it has a clear and compelling reason to prevent gays from enjoying that right. Skid Roe is afraid to argue that point, because he knows he is wrong. Billy Bob throws red herrings out by the bucketful because he is terrified of arguing on that point. I dare either one of them to give one single clear and compelling reason why this group of people should be denied the right to share a happy and purposeful life with the one they love in a union protected by a legal contract they have entered into. One reason. One reason why bigots have a right to dictate to gays and to tell them that they cannot enter into a legal contract when it harms them in no way. One reason.