The 14th amendment to the Constitution was added in 1868, creating citizenship for anyone born or naturalized in the

United States, and granting equal protection under law to all citizens. This amendment was created with the intention of recognizing African Americans as citizens with voting rights and equal legal freedoms after the Civil War. Today, this amendment serves a new purpose. The Supreme Court recently tried the issue of same-sex marriage, and the rulings are to be released in late June. Two pieces of legislature are being tried: the Defense of Marriage Act (DOMA), and Proposition 8. Experts speculate that the court is likely to turn down the DOMA and deem it unconstitutional for discriminating against people of different sexualities. Prop. 8, a state constitutional amendment in California which limits marriage to a man and a woman, has been in effect since 2008, when voters approved. The justices appear to be seeking an inconclusive ruling, not willing to make a definite stance. The courts decision should not be difficult. What they are ruling is not the issue of samesex marriage. The decision they should be making is whether or not prohibiting a person right to marry is constitutional. To put it bluntly, its not. Section 1 of the 14th amendment states: No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Prop. 8, which was enforced for four years, directly prohibits a man from marrying a man, or a woman a woman. So long as those two men or two women are citizens of the United States, Prop. 8 is a direct violation of this amendment. Our country, or the states within, cannot establish a law which keeps a person a citizen from marrying whom they choose, when that opportunity is provided to another, with a clean conscious. This is not an argument for or against gay marriage, or any other issue. Every citizen of the United States is to be given the opportunity to believe what they choose, and practice what they believe is correct, and be protected under the law. This argument can be made for any major issue, regarding a right provided to any US citizen. This includes the right to vote, the right to practice a religion, and lets not forget the right to life, liberty, and the pursuit of happiness. Another way to put it is equal opportunity. Equal opportunity does not mean that everyone has to have the same beliefs, or the same lifestyle. Everyone in this country, however, should have the same opportunities to choose their beliefs and lifestyle. If a person is gay, and prefers to marry someone of the same sex, they shouldnt be prohibited from doing so because another person disapproves. That person who disapproves has a chance to marry whom they choose. What makes these two people different? According to the 14th amendment, absolutely nothing. They are both citizens of the United States, and should be protected with the same rights.