[breakem]

I don't think promotion is the automatic result of not prohibiting something. Painting my house purple may be legal, but that doesn't mean the government is promoting purple paint. In the case of government it is a case of whats the need to restrict and the governmental power to do something. Governmental power should not be used just arbitrarilly and I do not believe the majority can just vote away the participation of the minority.

[mcg1969]

Of course an absence of prohibition is not automatically promotion. But we're not talking about just a lack of prohibition! The government is actively promoting marriage by affording it certain legal recognitions and benefits.