“Life, liberty and the pursuit of happiness” is arguably one of the most famous clauses found in the United States Declaration of Independence. Yes, Rush got it wrong, as usual! (Maybe he should start using a teleprompter.)

In the landmark Supreme Court case, Loving vs. Virginia, it was used to strike down an old anti-miscegenation statute, which stated that people of different races could not marry, in Virginia. Apparently, Virginia has never been for lovers, then or now.

The pursuit of happiness was upheld as an unalienable right (no god needed) and by extension so was the right to marry whatever person you choose to marry.

Justice Warren wrote, “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.”

Please note that this declaration does not suggest that you have a right to happiness itself. It merely states that you have a right to pursue happiness. Therefore, no one can claim their rights (human, civil, or otherwise) are being violated simply because they are unhappy.

Marriage discrimination whether based on sex, race, or religion is not just unlawful; it is unconstitutional.

No person, church, corporation, or other entity under the Constitution of the United States can deny any rights and/or privileges to a same sex couple any more than they can deny those same rights and/or privileges to a mixed race couple. They should be treated with same dignity, respect, and honor that mixed sex couples and that same race couples enjoy, respectively.

The same goes for marriages involving mixed religions and marriages involving divorced people.

I kinda got the run around from the Freedom to Marry people I know re the trojan horse thing. I think they are still trying to figure this one out.

Maybe it is time to challenge the the pledge of allegiance as violating the rights of non-believers.

Or to get it changed to >>>one nation under God, with liberty, equality, and justice for all.

That would really put it in the eye of the religious right. By making fools of them if they object.

However, the history of civil rights arose from enforcement of the Commerce Clause not the the Privileges and immunities clauses of Article IV and 14th Amendment. The Privileges and Immunities clauses doors was slammed shut on civil rights so the 14th Amendment’s Equal Protection clause and Due Process/Liberty was morphed to include Fundamental rights considered personal or privacy rights.

I believe at least two or three more Constitutional arguments for Gay Equality can be made if Bois and Olsen fail….they will require the mind of a creative and brave lawyer.

So, I would not be so worried about failing. I think in the entire analysis it is better to try at the federal level and continue the state by state fight as well.

California – FIRST state by popular vote to revoke MARRIAGE EQUALITY

Connecticut – FIRST state to replace civil unions with MARRIAGE EQUALITY

Iowa – FIRST state in America’s Heartland to support MARRIAGE EQUALITY

Vermont – FIRST state Legislature to over ride a veto to enact MARRIAGE EQUALITY

Maine – FIRST state the Governor signed legislation providing MARRIAGE EQUALITY

Our hope for the future ….

California – FIRST state to establish by the will of the people MARRIAGE EQUALITY