The Case for Gay Marriage

Powerful Essays
“The freedom to marry has long been recognized as one of the vital personal rights

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,

and al...

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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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