The Right to Marry

Should marriage be a constitutional right? When answering this question we need to ensure that moral objections do not color our thinking. Although we traditionally swear in our government officials on the Bible, as a nation we have a strict divide between church and state.

In terms of the law, therefore, religious beliefs should not matter.

Our laws view the pursuit of happiness as a fundamental right. Getting married is a personal choice, one that suggests that both parties are consciously aware of their decision and what it means. In a time when people are denied the right to get married, it would be obtuse to state that making marriage a constitutional right is an exaggeration.

Making marriage a constitutional right ensures that individuals' rights will not be violated. The right to marry the person of one's choice is an extension of the unalienable right to the pursuit of happiness.

Each day, gays and lesbians are refused the opportunity to protect their families with a marriage license.

The Fourteenth Amendment extends "the equal protection of laws," to all citizens, prohibiting gender discrimination. Excluding same-sex couples the right to marry or the protection of a marriage license is unconstitutional.

One cannot think about marriage being a constitutional right without thinking of Proposition 8. It is a clear example of how an individual's rights can be violated. It is a blatant transfer to the dark ages of civil rights. Proposition 8 impedes on the basic ideologies upon which our nation was built. As Americans we pride ourselves on supporting individuality, diverse ideas, religions and ethnicities.

Federal judge Vaughn Walker ruled earlier this month, that California's constitutional amendment banning same-sex marriage violates the federal constitution. This historic decision should be applauded for its fairness.

According to Judge Walker, the exclusion of same sex couples from marriage "exists as an artifact of a time when the genders were seen as having distinct roles in society and in marriage….That time has passed."

Personal beliefs and views, as well as religion, are improper bases on which to uphold the law. Judge Walker's decision is as historic as the protection of interracial marriage.

The decision shows that we still believe that all people are created equal and that the government should ascertain that our unalienable rights are not violated.