Pud, some people could care less about other people's sex lives (count me among them). However, some of these same people care deeply for the structure of marriage. If two or more concenting adults want to enter into a relationship, that should be (and is) none of the government's business.
Marriage, however, is more than that. This is not a question of what the government PERMITS, but what government ENDORSES. You might ask why ANY such relationship should have special status or special benefits. From a Libertarian standpoint, that's a fair question to ask. However, in our democratic republic, the people long ago decided that traditional marriage - involving one (1) man and one (1) woman, plus children, deserved special status and special protection.
In this case, the measure the California voters passed overwhelmingly in 2000 even allows for civil unions, with virtually all the rights and priviledges of marriage (at least on the state level). Such civil unions are becoming more prevelent, and while I have some mixed feelings about that, I am willing to acede to the decision of the voting public in the individual states.
Heck, pud, if the public wants to redefine the marriage to include same sex couples - OR to extend to polygamy (another issue slowly winding its way through the courts - give it time) or to any other manner or types of "alternative family arrangements" - or even to abolish marriage and all its special perogatives in civil law altogether, and let marriage become entirely a private or church matter - I will stand by the will of the people, even though it may be a bit grudgingly at times.
As long as these basic decision are defined by the people, acting through their elected representatives, I will accept that decision.
We are, and should be, led by our elected representatives, acting under our Constitution. We will not be ruled by judges, unelected and accountable to no one.
A "distraction"? Hardly. Rather this is perhaps the most important and fundamental question facing our Republic.
MWL