In the case of creating a right that is summarily essentially correct however in the specific area of this discussion there are elements of both claiming a right exists based on existing law and the question of if an executive order either creates a right or reaffirms an existing right. Not as simple as you suggest.
This is appeal to emotion. Neither atheism nor theism are more than paper testable positions. Without a "godometer" the existence or absence of one or more gods can not be proven except by non testable argument.
However as to legal matters, both Originalists and Activists agree that pre-existing constitutional matters are not to be erased with a wave of the hand. Even Activists will agree that the right created from Roe vs Wade was poor legal procedure in that it its methodology opens it up to challenge.
No. I don't treat matters like this lightly nor do I appeal to the crowd for support.
For Pete's sake!
It was obvious that I was straying from discussing this topic from a legal aspect.
The "invented out of thin air" remark was put forth by you.
Yes, I attacked that remark by lampooning religion as being "invented out of thin air" and it was painfully obvious that my words were not addressing the constitutionality of gay rights or religious freedom.
Yet you felt compelled to point out what I was saying didn't jive with the Constitution. No shit, that wasn't my claim. I was pointing out something I found absurd.
As far as theism goes.... (another rant on absurdity, not on constitutional law)
Let's suppose that a god really does exist and he created the universe and all of these curious laws about not eating shrimp and he also gave us instructions to put men to death for assfucking each other.
Well, there is your proof that not only rights can be created out of thin air, but also laws, planets, solar systems, and billions upon billions of galaxies.
If one wants to dwell in a reality where burning bushes pass down laws to scribes upon mountain tops, then have at it.
However, some of the consequences of believing in unverifiable claims like that are divinely sanctioned genocide, the oppression of women and slavery. All approved by a peaceful, loving and merciful god.
The source material for Judaism, Christianity and Islam contains absurdities that are rejected by civilized nations. About the only ones I see buying into that Bronze Age nonsense full scale are groups like ISIS, the Taliban and the Kingdom of Saudi Arabia.
So please excuse me for getting emotional when I hear a fellow American bring up the Old Testament to rationalize and justify discrimination against gays.