Carolien

Under the Universal Declaration of Human Rights (UDHR), same-sex marriage is a civil right. In fact, the Netherlands used this declaration as the basis for their decision to legalize same-sex marriage. So far they first country in the world. The United States should start seeing the UDHR as the main authority dictating human rights too. After all, they have been a member of the United Nations since 24 October 1945, and "have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms" (UDHR)

The Universal Declaration of Human Rights.

Article 1.
All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2.
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 16.
(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

In the case Loving v. Virginia, 388 U.S. 1 (1967), the United States Supreme Court overturned the laws of sixteen states, stating that a white person and a black person had every right to get married. According to the court "Marriage is one of the 'basic civil rights of man', fundamental to our very existence and survival" (qdt. Haines 23). And constitutionally, there is no difference between discrimination based on skin color or sexual orientation (Haines 23). Yet same-sex marriage is still not an option anywhere in the United States.