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Argument: Gay marriage is a fundamental, equal right

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Ted Olson. "The conservative case for gay marriage." Newsweek. January 12, 2010: "Legalizing same-sex marriage would also be a recognition of basic American principles, and would represent the culmination of our nation's commitment to equal rights. It is, some have said, the last major civil-rights milestone yet to be surpassed in our two-century struggle to attain the goals we set for this nation at its formation.

This bedrock American principle of equality is central to the political and legal convictions of Republicans, Democrats, liberals, and conservatives alike. The dream that became America began with the revolutionary concept expressed in the Declaration of Independence in words that are among the most noble and elegant ever written: 'We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.'

Sadly, our nation has taken a long time to live up to the promise of equality. In 1857, the Supreme Court held that an African-American could not be a citizen. During the ensuing Civil War, Abraham Lincoln eloquently reminded the nation of its found-ing principle: 'our fathers brought forth on this continent, a new nation, conceived in liberty and dedicated to the proposition that all men are created equal.'

At the end of the Civil War, to make the elusive promise of equality a reality, the 14th Amendment to the Constitution added the command that "no State É shall deprive any person of life, liberty or property, without due process of law; nor deny to any person É the equal protection of the laws.

Subsequent laws and court decisions have made clear that equality under the law extends to persons of all races, religions, and places of origin. What better way to make this national aspiration complete than to apply the same protection to men and women who differ from others only on the basis of their sexual orientation? I cannot think of a single reason—and have not heard one since I undertook this venture—for continued discrimination against decent, hardworking members of our society on that basis.

Various federal and state laws have accorded certain rights and privileges to gay and lesbian couples, but these protections vary dramatically at the state level, and nearly universally deny true equality to gays and lesbians who wish to marry. The very idea of marriage is basic to recognition as equals in our society; any status short of that is inferior, unjust, and unconstitutional."


"The case for gay marriage". The Economist. February 26th, 2004: "The case for allowing gays to marry begins with equality, pure and simple. Why should one set of loving, consenting adults be denied a right that other such adults have and which, if exercised, will do no damage to anyone else?"


Scott Bidstrup. "Gay Marriage: The Arguments and the Motives": "Ask just about anyone. They'll all tell you they're in favor of equal rights for homosexuals. Just name the situation, and ask. They'll all say, yes, gays should have the same rights in housing, jobs, public accomodations, and should have equal access to government benefits, equal protection of the law, etcetera, etcetera. Then you get to gay marriage. And that's when all this talk of equality stops dead cold.

[...] 10. Granting gays the right to marry is a "special" right. Since ninety percent of the population already have the right to marry the informed, consenting adult of their choice, and would even consider that right a fundamental, constitutionally protected right, since when does extending it to the rest constitute a "special" right to that remaining ten percent? As Justice Kennedy observed in his opinion overturning Colorado's infamous Amendment 2 (Roemer vs. Evans), many gay and lesbian Americans are, under current law, denied civil rights protections that others either don't need or assume that everyone else along with themselves, already have. The problem with all that special rights talk is that it proceeds from that very assumption, that because of all the civil rights laws in this country that everyone is already equal, so therefore any rights gay people are being granted must therefore be special. That is most assuredly not the case, especially regarding marriage and all the legal protections that go along with it.

[...] Societies have long recognized that allowing civil rights to certain groups may offend some, and at times, even the majority. But that is why constitutional government was established -- to ensure that powerless, unpopular minorities are still protected from the tyranny of the majority."

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