Employment is not a civil right? The civil rights act of 1964 would disagree since it specifically referred to places of employment. It is certainly more a civil right than marriage. And as far as homosexuals being unfit for marriage, the biology of the union is what deems them unfit, not some arbitrary government distinction as was the case with race. Neither the government or the courts can offer a remedy for public opinion, which is what, it seems, the LGBT lobby is seeking. Whether you call a gay union a marriage or not will not change how people view it, nor will it change the biology of the couple, which is different than the biology of a true marriage. All the courts can do is give them all the legal rights that apply to them, which nobody has any objection to. These rights, however, are not the same as those which apply to marriage because of the biology involved. Whether said union, which will remain inherently different than a true marriage, is second class or not is, quite simply, a matter of opinion that is not for the judiciary.