As the New York State Senate recently voted down a measure extending full marriage equality for gay and lesbian couples, many continue to argue that the right to marry is vested in the U.S. Constitution:

Yet, ultimately, it seems clear, the issue of gay marriage has to be decided on the basis of our Constitution, our laws and the very essence of our nation’s history.

The Declaration of Independence says that we are all created equal, endowed by our Creator “with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness.

”Does the “pursuit of happiness,” as expressed in the Declaration, justify same sex marriage?

The equal protection clause of the Constitution, embodied in the 14th Amendment provides that “no state shall…deny to any person within its jurisdiction the equal protection of the laws” –does that justify same sex marriage?

The issue is difficult but the solution ultimately must come from the remarkable documents that our founding fathers created more than two centuries ago.

In an uncanny way, these patriots of yesterday seemed to anticipate the most difficult issues of today. We can hope that their words will continue to guide us and inspire us — and give us solutions to our most vexing problems.

Read more at NBCNewYork.com.