If it's making a decision that grants more freedoms, yes. Besides, I thought the majority was always correct? Didn't the majority vote whatever government that appointed whatever judge? The majority is as often wrong as they are right. Which was my point. We have to have personal liberties protected.
I still go back to this idea that it's too simple to look at this as only expanding freedoms.
Marriage at the government level is two things:
1. A legal sanctioning of a relationship.
2. A series of benefits accruing to those with that legal sanctioning.
It is also a symbolic social institution.
If "the government steps in" and says same sex couples can be "married" then it extends some rights to some new people but impacts the rights of others in the following ways:
1. It takes away the right of people to determine the meaning and symbolism of a people created institution. The word itself has deep meaning that has emerged over years. It may not be a big deal to most on here but it does take away the right of society to determine what meaning is tied to a social institution.
2. It extends benefits to a larger group and as a result, others are forced to support those benefits (e.g. tax breaks, etc.)
It may be a net gain of rights (freedoms) but it still negatively impacts the rights of some to extend these "rights" to others.
The tax code has all sorts of preferential treatment such as mortgage interest deduction, exemptions for age, illness, etc. Are these all discriminatory? If I feel old can I demand the government change the meaning of the word "65" so I can call myself 65 and get the benefits associated with it? I may be less healthy than 65 year olds that get the benefit.
In the end, it is the entanglement of government in the social institution that is the root of the problem. I don't see how having the government impose new meaning on the institution is the same as expanding freedom.