Are we content to base every law on whom is hurt? Is this the basis for the law of the land? Perhaps we need to review the defining aspects of law.
True, law does prevent injury to others, but in addition it also recognizes the rights of others. Marriage is a right given to those of opposite sexes. There are no existing laws that recognize same sex marriage, period. If homosexuals wish to marry, then they have the burden of proof. They must appeal to the legislatures to have the existing laws changed, or created. There shall be no manipulation of law without due process, therefore, same sex marriage requires amending state constitutions. The high courts may strike certain laws as unconstitutional, yet this does not give carte blanche to the court to interpret the law as they see fit. The law must be sent to the legislature for refinement.
Regardless of your personal feelings for the issue, same sex marriage has a difficult chance of passing any vote in the near future. The polls indicate a very strong opposition to using the term "marriage" to define same sex unions. Polls do indicate a willingness to allow same sex unions under their own umbrella.
And for those that ask why, I ask you.... why do gays insist on being married in lieu of enjoining in a civil union? Do they not recognize the differences in their ways? Do they not realize that they differ from the majority? In life, all people fall into categories, black, white, male, female, young, old. Our society uses these categories to define law in many cases. Only senior citizens may collect social security, only those above 16 may drive, and only minorities may be considered for affirmative action employment. Homosexual unions are simply another category, and to ask that they be defined by the same standards as heterosexual marriage is simply incorrect.
Imagine going to McDonalds and asking for a Big Mac without special sauce, lettuce or cheese. Guess what, you would recieve a Quarter Pounder, not a Big Mac. Now imagine complaining to McDonalds because they gave you what you wanted, but with a different name. Sounds pretty silly doesn't it?