Gay Marriage

I don't get the argument that marriage is a religious institution in addition to legal as being a fair argument against gay marriage. Are there not religions that accept homosexuality? Does this mean that only religious people can marry? Sorry, atheists, all your marriages are considered null and void. Here's someone who says it better than I can:

"I don't care if 90% of the country is against gay marriage; that only means that 90% of the country is wrong and unConstitutional. You can't argue that whatever the majority wants is right for the country. Who cares what the majority want? In America, we make our laws based upon what is lawful, just and equitable; not upon what the majority want. We've never done it that way and we never should."

And

"I don't care what your church wants. I don't even care what I want or what you want. I only care what is fair. And treating gays as if they have no right to marry is unfair, unConstitutional and unAmerican."