"The claim that because it's a choice . . . and not what you are born as, the right can't exist is just plain stupid."

I agree that the right to marry should extend to homosexuals whether or not homosexuality is a choice, but from a legal perspective, I think it is a more difficult case for the opponents of gay marriage if homosexuality, like race, is biological. Discrimination based on race is subject to "strict scrutiny" by the courts presumably because people have no choice about their race. Discrimination among voluntary groups may be subject to a lesser judicial test, and greater deference may be given to the "wisdom" of the legislature or the voters.

"No matter how it's parsed it is still a thinley veiled theocratic minded argument."

No doubt about that. It's about "God's Law" as expressed in Leviticus, which seems to bear a great deal of similarity to Islamic law.