Rights are the things that we would all agree should be legally protected if we were all rational about it.
So they're a human construct, but they're still objective.
What "rational", of course, usually means, is "agreeing with me", and so there are so very many false Scotsmen in attendance.
No, I think you're the one who doesn't seem to understand them.
> Rights are the things that we would all agree should be legally protected if we were all rational about it.
We, as a society, have a system in place to work out this sort of thing. That system has already decided that we don't have this right. If you were in fact able to convince enough people that your position is the most rational then your available rights can be changed. Your argument is valid but your conclusion is wrong based on the available facts.
There are lots of definitions of "rational", and I don't think that explanation actually works (or even makes sense) for any of the obvious ones.