So far, we do not have definitive research that suggests that sexuality is genetically determined. Prima facie, I tend to agree with you -- it strikes me as vanishingly unlikely that there would not be a genetic component/predisposition (why would people choose social ostracism etc. over the centuries if it was truly a "choice?"), but we lack that final study that confirms it.
So far, same sex marriage has been successfully in the courts by asserting that the government should have no role in limiting who I choose to marry unless some form of clear and scientifically confirmable danger (e.g. incest between close relatives) exists. It has also been argued that offering "civil unions" smacks of the separate but equal hogwash associated with Jim Crow laws.
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