I think that depends on whether is is something that people must have or simply can have. That is tricky territory but compared to marriage legislation and drug laws, for instance, I don't think there is a real comparison . One is a question of what the government should provide, what is feasible. The others are questions of how a citizen should behave due to some moral compulsion. And while arguably you uphold the laws set by government as part of the exchange of the social contract, issues like who can marry or smoking pot are of no real detriment to society as a whole so those shouldn't be factor into the equation at all.



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