essential to the orderly pursuit of happiness by free men.” – United States Supreme Court
majority decision in Loving v. Virginia.
America is a nation built on fundamental rights. In our Declaration of Independence, our
new nation guaranteed its citizens “Life, Liberty, and the Pursuit of Happiness”. Today, the
political debate over the decisive issue of gay marriage forces us to rethink our commitment to
those deliberate words.
Throughout our history, America’s homosexual population has struggled against society
to prove that they have the right to marry anyone they love, regardless of sex. Until only
recently, in fact, the vast majority of Americans have held steadfast views against the
legalization of gay marriage. But in the most recent decade, gay marriage activists have made
significant progress to their cause using both the Declaration of Independence and the
Constitution to provide strong arguments for the legalization of gay marriage. They have clearly
demonstrated that the suppression of marriage between two homosexuals is an encroachment on
the Separation of Church and State, the Equal Protection Clause in the 14th Amendment, and
one’s Pursuit of Happiness.
To begin, the argument most commonly expressed by the opposition to gay marriage is
that marriage, to most Americans, is defined as a union between one man and one woman,
sanctioned by religion.
Perhaps to most major religions, marriage is between one man and one woman. But what
is marriage to other religions? What about Buddhism? Hinduism? How about the substantial
atheist population? They do not condemn homosexuality. The United States is not a theocracy,
... middle of paper ...
...n. Web. 9 Dec. 2009.
Gay and Lesbian Parenting: Conclusion. Charlotte J. Patterson, PhD. Web. 9 Dec. 2009.
Loving V. Virginia Anniversary. California Western School of Law, 12 June 2007. Web. 3 Mar. 2010.
Rational Basis Test. Legal Dictionary. Web. 10 Dec. 2009.
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