"Ah, there's the rub. Not everyone agrees with that definition of rights..."

once again, exactly right. that's why we have a judicial branch of the government to interpret the meaning and latitude of those rights laid out in the constitution rather than having a majority vote on it. that's why this question must be decided in the courts and not according to social debate. the question is about rights that are granted by our constitution not what the majority of people think about it. there was a time when most people thought slavery was ok. it wasn't, even tho they thought it was. there was a time when women were considered chattel. they weren't, even if most people thought it was ok to deem them such. the courts exist to make these distinctions in an environment insulated from popular opinion and based on the constitution and the law.