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A paralegal and I were discussing at lunch the animosity over gay marriage. We both have viewed the struggle of homosexuals in America for equal treatment as a civil rights struggle. I personally had not experienced it, but my paralegal told me of online debates he had gotten into with people who did not see any comparison to the struggle of women for the vote, or of blacks (African Americans) for civil rights.

Sure, there are differences in the details of these three struggles. There are differences in the levels of oppression as well. However, at its core, the homosexual struggle is the same as the women’s suffrage movement and the Civil Rights struggle of the 50’s and 60’s A minority group, without adequate representation or voice, who is denied equal treatment in society or under law as a result of a cultural bias against what it is that makes them a minority. There is violence against homosexuals as well. "Gay Bashing" still occurs in much of America. Homosexuals are denied military service and benefits. Their marriages (an essential part of American culture, whether you chose to be married or not) are denied them, along with the benefits and rights of marriage.

I am not making this a religious discussion, or a "sanctity of marriage" discussion. What I point to is the equal protection under the Constitution of the United States of America for a specific class of people denied equality. Equality is a hallmark of American politics and jurisprudence. Although we have a terrible track record throughout history of applying that equality, it is the goal we as Americans strive for. Whether you are for or against homosexual marriage in your personal life, you must recognize that denying that equal treatment goes against the grain of the point of American Culture. How can we clam to be the land of the free and the brave, the land of equality and opportunity for all, without giving this specific class of Americans the same rights enjoyed by the majority?

I only hope that when the matter reaches the United States Supreme Court, which it inevitably will, that the justices in their wisdom include sexual orientation as a natural extension of the protection of gender and the right to the pursuit of happiness. I hope that the Court state unequivocally that it is unconstitutional to deny homosexuals equal protection and rights under the law.