When I sat down and really thought about whether or not same-sex marriage is a “human right,” the answer turned out to be simpler than I thought.
Marriage in its quintessential form is a religious contract, and therefore protected under freedom of religion. Since more faiths exist than just Christianity, and not even all Christian beliefs prohibit same-sex marriage, freedom of religion is actually more of an argument in favor of same-sex marriage than against it. Oddly enough, this fact is lost on a lot of people who confuse freedom of religion with freedom of their religion.
From a legal standpoint, you can make an argument just as strong: the federal government cannot discriminate based on gender, so it can’t prevent you from marrying someone based on their gender. Simple
If you’re arguing whether or not marriage between members of the same gender is a “human right,” I’d actually say no, but not because it’s same gender. This is where things get a little tricky. I argue that marriage in general is not a “human right” in the strictest sense of the word. It’s a contract between two people, whether religious or secular. A contract is not a human right, nor more than a driver’s license. However, it *is* something we should treat with equality because it’s an offshoot of freedom of choice as well as freedom of religion.