How do international human rights principles appear in arguments for same-sex marriage?

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Arguments for same-sex marriage frequently invoke international human rights principles to establish that equal treatment under the law is a universal entitlement. Proponents argue that prohibiting a specific group from the full rights of marriage constitutes arbitrary and illegal discrimination, which is fundamentally incompatible with these human rights standards.1

Key aspects of these arguments include:

  • Non-discrimination: Amnesty International and other human rights bodies have interpreted the principle of non-discrimination as prohibiting bias based on sexual orientation. This is viewed as an internationally recognized principle that protects the rights of all individuals.2
  • Universal Right to Marry: Advocates often cite Article 16 of the Universal Declaration of Human Rights, which guarantees the right to marry and found a family without limitations such as race, nationality, or religion. Supporters argue this language establishes marriage as a fundamental human right that should be accessible to all people.2
  • Equal Dignity: In legal contexts, such as the U.S. Supreme Court ruling in Obergefell v. Hodges, the argument is made that excluding same-sex couples from marriage demeans their dignity and denies them the equal protection of the laws, which is a core tenet of human rights and constitutional liberty.23