“Can government ‘create’ gay rights?”
Dropping the “gay” word out of the question, can government ‘create’ any rights? I would say no, they can only recognize natural, negative rights. And I consider negative rights a positive thing and so-called “positive” rights a very negative thing.
An often missed biblical role of governors is to speak well of those who do right. In that sense, yes they can recognize positive rights without turning them into Caesar centered entitlements. It is kind of an honor roll system. We are way too sophisticated today to consider that... oh it is hopelessly naive... look, it is not hopelessly naive when the bible talks about it.