Hitetlen:
The problem with this is that you elevate your personal conviction (which I respect!) to the level of general principles. There can be no question whether murdering or robbing someone is harmful or not. Homosexual marriage is a very different issue. Maybe you consider it harmful, but others do not.
There actually can be a question of whether murdering or robbing someone is harmful. Just because these are not generally debated does not mean you will not be able to find someone who subscribes to a philosophy in which, for varying reasons, these crimes do no harm to their “victims.” In conflict areas such as this, American democracy says, “You lose.”
One of the greatest politicial fictions at work in our country is that politicians do not act and legislate in keeping with their personal convictions, consciences, morality, etc. Another fiction is that the government cannot legitimately legislate on moral issues, which it has a long precedent of doing (sin taxes, decency laws, age restrictions for certain content, among other things).
The notion that we cannot force anyone to adopt or act according to propositions he rejects is valuable, but has limits. Some people will be able, in good conscience, to do evil things which our laws say one simply may not do. Our political system, in addition for allowing our society to set standards for itself, has demarcated certain boundaries according to a somewhat enumerated collection of “inalienable rights.” This means that, no matter what a certain individual may think, his behavior will be constrained by these restrictions of rights. A right, however, can only be inalienable so long as it flows from some absolute truth.
Without absolute truth of any kind, all inalienable human rights devolve into “civil rights” created and rescinded at the will of the state according to its mechanisms for doing so. Modern American discourse often confuses human and civil rights (at least if media coverage of world events is any indication), I propose because it has lost sight of the connection to absolute reality that grounds the idea of human rights. Since America has given up the idea that there can be moral absolutes, it has given up its understanding of the distinction between the two types of right.