In a free society, people decide these things, including the question of whether or not a behavior is honestly termed criminal. The question is whether or not people believe in free government.
As I said before, in a democratic society there is a pervasive tension between the voting power of the majority and the rights of the minority, and the two must constantly be balanced.
Nowadays, people attempt to claim every law having anything to do with sex is somehow disallowed. Sex is one of the most heavily regulated activities in history. Perhaps since our government sees fit to demonize its population over the issue, it is time to let our government know that we no longer feel it is a legitimate government.
Both gay and straight people are free to have sex in and outside of marriage. Do you think the US should enact and enforce laws making it illegal to have sex outside of marriage? You seem to say in an earlier post that the US should not enact such laws, but rather that society should pressure people not to have extramarital sex -- something that you contend "worked" before the advent of no-fault divorce in the 1970's.
I cited some authority, however, for the proposition that a significant percentage of women at the end of the 19th / early 20th centuries had had premarital sex; and also that the realization (perception?) in 1889 that the US had the world's highest divorce rate led to a tightening of divorce regulations (even though divorces increased 15 fold during that time).
Here's another book which cuts against the idea that the 1970's marked the beginning of premarital sex. On page 43 of
Intimate Matters: A History of Sexuality in America, the authors contend that although "premarital pregnancy was socially scorned, in some parts of New England as many as one-third of all brides were pregnant in the
late eighteenth century ..." (emphasis added), in a so-called "revolt of the young", by couples who were trying to exercise some control over their choice of marriage partner (since one's partner was previously chosen by the family of the betrothed).
Here's another passage from the above mentioned book (page 51):
"By the
end of the eighteenth century, the family-centered, reproductive sexual system remained powerful throughout most of American society, but new sexual meanings were clearly emerging. As in England, ideas about sexuality, changing family structure, and the commercialization of the economy all laid the groundwork for a transformation in sexual values. In contrast to an earlier emphasis on the reproductive meaning of sexual relations, an affectionate, sometimes passionate, language now appeared in discussions of courtship, and individual choice became more important in all sexual relations. Meanwhile the first signs of family limitation evinced a weakening of the association between sexuality and reproduction. The decline of traditional church and state controls over morality lifted earlier restraints on nonmarital sex, as rising ilegitmacy rates suggest. But illegitimacy also reflected the increasing vulnerability of women, who could no longer assume that pregnancy would lead to marriage." (Emphasis added).
We have laws protecting kiddy inappropriate content if it is animated, and cannot speak truth from our own pulpits without risking attacks on "non-profit" status for being too "partisan". So the very speech that was supposed to be protected, political speech, is now regulated in many ways, but inappropriate content gets a by even in the most disgusting subject matter.
Churches can weigh in political issues and support or opppose legislative referenda all day long without threat to their tax exempt status. They just can't endorse a political candidate -- and this is true for all 501(c)(3)'s, not just churches.
This is where the push for gay marriage comes from. These same people who hate the idea of decent people holding folks accountable and not allowing indecency to flood our nation find excuses at every opportunity to attempt to demonize any rule that touches on sexual behavior.
The problem is, you and I disagree about the bounds of decency, and your definition directly impacts what happens in my own bedroom.
Now they are elevating a simple sexual perversion to the level of the fundamental building block of civilization, and the pretense is this will be a good thing? No... Not any better than animated kiddy inappropriate content.
How is gay marriage like animated kiddie inappropriate content?
Folks you better start getting angry. You better start getting real. This is no game. They intend to destroy simple decency forever and don't believe for a second if they get the chance they will not follow China into heavy regulation of the church under the name of "tolerance".
As far as I'm concerned churches can continue to marry or refuse to marry whoever they want. I really mean that. Really.