The battle over same-sex marriage is partly about setting the standard used to determine a couple’s fitness to marry. Just the fact that there is such a thing as a fitness test shows that a legally recognized marriage is a privilege, not a right. There is no such thing as a fitness test to quality for a human right. If you attempt to create a fitness test for speech you have censorship, create a fitness test for the right to live and you have eugenics. With privileges, the opposite is true: a standard must exist and if you don’t meet...