The contested issue is whether gays are really being discriminated against. Gays have the same civil rights as you or me. Marriage is not a civil right, and it's not legally open to everybody. I can't marry my sister(not that I would even want to), nor can I have more than one wife - to give a few examples. And polygamy is banned even though it formed an important tenent of the Mormon faith, and Mormons argued on grounds of civil rights too. We also have the tricky issue of Civil Rights by default being based upon conceptions of moral absolutes(which usually derive from religious sources) - Martin Luther King Jr. himself(as I just cited) based the concept upon the natural law explained by St. Thomas Aquinas(and further elaborated by other theologians I should add). For the most part gays can enter into whatever relations they want without fear of legal recriminations. That wasn't so back in the 1960s with Black and white couples, married or no.