Top Pro & Con Arguments

Pro

Gay marriage is a civil right protected by the US Constitution’s commitments to liberty and equality, and is an internationally recognized human right for all people.

The NAACP (National Association for the Advancement of Colored People), on May 21, 2012, named same-sex marriage as “one of the key civil rights struggles of our time.” [61] In 1967 the US Supreme Court unanimously confirmed in Loving v. Virginia that marriage is “one of the basic civil rights of man.” [60] In 2014, the White House website listed same-sex marriage amongst a selection of civil rights, along with freedom from employment discrimination, equal pay for women, and fair sentencing for minority criminals. [118]

The US Supreme Court ruled 7-2 in the 1974 case Cleveland Board of Education v. LaFleur that the “freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause” of the US Constitution. US District Judge Vaughn Walker wrote on Aug. 4, 2010 that Prop. 8 in California banning gay marriage was “unconstitutional under both the Due Process and Equal Protection Clauses.” [41] The Due Process Clause in both the Fifth and 14th Amendments of the US Constitution states that no person shall be “deprived of life, liberty, or property, without due process of law.” [111] The Equal Protection Clause in the 14th Amendment states that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” [112]

Since 1888 the US Supreme Court has declared at least 14 times that marriage is a fundamental right for all. [3] Article 16 of the Universal Declaration of Human Rights guarantees “men and women of full age, without any limitation due to race, nationality or religion… the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.” [103]

Amnesty International states that “this non-discrimination principle has been interpreted by UN treaty bodies and numerous inter-governmental human rights bodies as prohibiting discrimination based on gender or sexual orientation. Non-discrimination on grounds of sexual orientation has therefore become an internationally recognized principle.” [104]

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