> The Constitution, in theory at least, should work as a bulwark ensuring that minority opinions are upheld.
That's not what pluralism is. The key is in ensuring that minority opinions are heard and reasonably considered, not "upheld".
> They have equal rights because they are people, and deserving of equal rights, regardless of their or others' morals.
And yet, that's not actually what the Constitution says. Nothing in the Constitution actually says that people have equal rights. That's why, when they tried to write an amendment to ban gay marriage, they didn't have to include any deletions, because it would have contradicted nothing.
http://en.wikipedia.org/wiki/Federal_Marriage_Amendment
This is the example you chose; it's not helping your case. :P
Edited to add:
> suggesting that we disregard the rule book while playing football seems naive
That's not what I'm doing at all. I'm saying that "because Constitution" is not the right reason to write law. Gays shouldn't have rights because the Constitution says they should; it doesn't. Gays should have rights because we say they should, and if the Constitution doesn't, then maybe it fucking should.
> Perhaps I'm misinterpreting the statement, but by your argument, gays shouldn't have rights if the majority of constituents agree they shouldn't? I disagree here, and I would expect that every minority group should. It's very possible that I've misconstrued your intent though, so please feel free to correct me if I'm in error.
Your error is that you think moral opinion is static.
If the majority is wrong, then we (1) act to protect the minority and (2) convince the majority that they are wrong. Not sure if you noticed, but the last several years have been full of "LOOK! GAY PEOPLE ARE NOT EVIL! ISNT THAT GREAT!". This is part of the process.