"Whether or not marriage is a "right," its exlusion from the list of rights enumerated in the Bill of Rights is no argument for claiming that it isn't."
It's a moot point anyway. No citizen of this country can legally marry a member of the same sex.
OK. I'll bite. It is currently legal in Massachusetts (for Mass residents, anyway.) The Mass Supreme Court greatly over-stepped its bounds in ramming gay marriage down the citizens' throats, by making law it has no power to make.
But as it stands in Massachusetts, gay people can and do get married, with all the attendant legal rights and privileges arising therefrom.
So what do you mean that no citizen of this country can legally marry a member of the same sex.