I'm one of those weird conservatives that doesn't care about certain social issues, but I do have one concern with gay marriage. If not properly worded, states' same sex marriage laws may discriminate based on sexual orientation. Currently, I've not found a traditional marriage law that discriminates based on sexual orientation, but I'd be interested if someone found one. Any facts of which I'm unaware or opinions on this subject?
No, they're not going to test for orientation. Frankly, I know a woman who get married to a (male) friend for a discount on surgery. If non-gay men got married for some benefit, it's nothing new. I don't think it would be their first choice.
heterosexuals are allowed the same rights, so I am not sure as to what the "discrimination" you refer to could be
You all missed my point completely. I'm concerned that heterosexuals will not be allowed to have same sex marriage. This is related to the "Chuck and Larry" movie in that traditional marriage is not investigated for sexual orientation; however, there is open interpretation for same sex marriage to be investigated.
No there is not. They don't investigate x and y, they don't investigate x/x or y/y. It's that simple. If they "investigate", it would overstep the bounds on which the institution is premised.
I'm actually not sure how same-sex marriage legislation could be worded in a manner that did discriminate on the grounds of sexual orientation. I certainly can't see how such a restriction could be enforced. As is so often pointed out, existing marriage laws don't specify orientation, only gender. I see no reason why same-sex marriage laws (or changes to accommodate it) wouldn't be worded in a similar manner.
Marriage laws do actually discriminate based on gender, not sexual orientation, which does not figure in any laws.