The Declaration of Independence is not part of our law. Even if it were, it declares a right. But people do not have to exercise rights. For example, many people who support the right to keep and bear arms do not own a weapon. Should we force them to even though they do not wish to exercise that right? Should we force those arrested for crimes not to give confessions since they have a right to not incriminate themselves?
I do despise nanny-state attitudes. Nothing personal, just in general.
Thats why I think this issue is a social issue, not a political one. This is probably the closest, nearest and dearest decision a person could ever make, in their whole life. And being such a personal thing, it seems to me it is more up to him, himself, his family, his pastor, and his doctor.
Not some legislature or court 3000 miles away.
The Declaration is a Bill of Duties, by declaring the rights it implicitly yet directly carries the duty of acting to uphold those rights. And that those rights are said "endowed by their Cretaor" also implies a duty -- to utilize those rights to further the ends and goods of the Creator.