fundamental rights guaranteed by the U.S. constitution are not subject to being taken away or denied by legislative action or by popular vote
actually, i think that amendments to the constitution happen that way. 2/3rds of the states must ratify, blah blah blah, but that extreme measure is not done without some overwhelming votes.
Since we are on the the subject.... hmmmm isn't the Equal Rights Amendment still unratified and not the law.... so now the gays have full rights but technically women don't?