Eleanor Finch
The word marriage does not appear in the US Constitution. However, the Constitution has been interpreted by the Supreme Court to recognize the existence of several fundamental rights, including an individual's right to marry. The Court has ruled on cases challenging state laws prohibiting interracial marriage and restricting the right to marry based on race, citing the Equal Protection Clause of the Fourteenth Amendment. The Supreme Court has also issued landmark decisions regarding same-sex marriage, recognizing it as a constitutional right under the Equal Protection Clause. Despite this, some legal scholars argue that the Supreme Court's creation of a constitutional right to marriage violates the Tenth Amendment and ignores the Constitution's silence on the issue.
| Characteristics | Values |
|---|---|
| Does the word "marriage" appear in the US Constitution? | No, the word "marriage" does not appear in the US Constitution. |
| Does the Constitution provide a right to marriage? | No, the Constitution does not provide a right to marriage. However, the Supreme Court has interpreted the Constitution to recognize the existence of a fundamental right to marry. |
| Has the Constitution been amended to include marriage rights? | Yes, there have been attempts to amend the Constitution to include marriage rights, such as the Federal Marriage Amendment (FMA) in 2004 and 2006, and Proposition 3 in California. However, these attempts have not always been successful, and the specifics vary by state. |
| How are marriage laws governed? | Marriage laws are governed by state law, with each state setting its own conditions for a valid marriage within the limits of its constitution and the US Constitution. |
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What You'll Learn
Marriage is not mentioned in the US Constitution
The word "marriage" does not appear in the US Constitution. While the Constitution is meant to safeguard fundamental rights, it does not explicitly mention the right to marry. The Constitution's silence on the issue of marriage has been interpreted differently over time, with some arguing that it should not be construed as a right to marriage, while others have advocated for its recognition as a fundamental right.
The interpretation of the Constitution's silence on marriage has significant implications for the role of the federal government in regulating marriage. As per the Tenth Amendment, any powers not delegated to the federal government are reserved for the states. Therefore, the absence of "marriage" in the Constitution suggests that regulating marriage is not a power delegated to the federal government, and instead falls under the purview of individual states.
Historically, each state has had the autonomy to set the conditions for a valid marriage, subject to the limits imposed by its own constitution and the US Constitution. This autonomy has resulted in varying marriage laws across different states, with some states prohibiting interracial marriages, same-sex marriages, or recognizing common-law marriages, while others may not. The recognition of marriages performed in other states is also at the discretion of each state, which can refuse to acknowledge a marriage that violates its strong public policy, even if the marriage was legal in the state where it was solemnized.
Despite the absence of the word "marriage" in the US Constitution, the Supreme Court has played a pivotal role in interpreting and shaping marriage rights. Landmark cases such as *Loving v. Virginia* in 1967, which struck down anti-miscegenation laws, and *Obergefell v. Hodges* in 2015, which legalized same-sex marriage, have expanded marriage rights by interpreting the Constitution's protections of fundamental freedoms and equal protection.
Efforts have been made to amend the Constitution and explicitly define marriage. The Federal Marriage Amendment (FMA), also known as the Marriage Protection Amendment, sought to define marriage as a union between one man and one woman, excluding same-sex couples. However, the proposed amendment failed to garner sufficient support in Congress. Similarly, Proposition 3 in California aimed to remove discriminatory language from the state constitution by recognizing the fundamental right to marry regardless of sex or race, but it faced opposition due to concerns about unintended consequences.
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The US Supreme Court interprets the Constitution to recognise the right to marry
The US Constitution does not explicitly mention the word "marriage". However, the Supreme Court has interpreted the Constitution to recognise the right to marry, specifically in the context of same-sex marriage and interracial marriage.
In the 2015 landmark ruling of Obergefell v. Hodges, the Supreme Court of the United States ruled that denying the right of marriage to same-sex couples was unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. This ruling legalised same-sex marriage nationwide, upholding the principle that the Constitution protects the freedom to marry for all individuals, regardless of gender or sexual orientation.
Prior to this ruling, the Supreme Court had addressed the issue of same-sex marriage in the 1972 case of Baker v. Nelson. The Court rejected a Fourteenth Amendment-based appeal on gay marriage, finding a "want of federal jurisdiction". However, this decision was later called into question by the case of United States v. Windsor, which affirmed the rights of states to determine the marriages they recognise.
While the Constitution does not explicitly mention marriage, the Fourteenth Amendment has been interpreted to protect the freedom of choice in marriage without discrimination. This interpretation was central to the landmark case of Loving v. Virginia, where the Supreme Court struck down state laws prohibiting interracial marriage. In this case, the Court affirmed that the Fourteenth Amendment guarantees the freedom to marry a person of another race, ensuring that such choices reside with individuals and cannot be infringed upon by the state.
Despite the Supreme Court's recognition of the right to marry, some have argued that the Court cannot create a Constitutional right to marriage without violating the Tenth Amendment, which reserves certain rights to the people and the states. The debate surrounding the Constitutional right to marriage highlights the complex interplay between federal power, state rights, and individual liberties, with the Supreme Court's interpretations shaping the legal understanding of marriage in the United States.
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The Federal Marriage Amendment (FMA)
The word "marriage" does not appear in the US Constitution. However, the US Supreme Court has interpreted the Constitution to recognize several fundamental rights that are not expressly stated, including an individual's right to marry. Over the years, the Court has issued rulings that have struck down laws restricting this right, such as in the cases of Loving v. Virginia, which invalidated anti-miscegenation laws, and Obergefell v. Hodges, which legalized same-sex marriage nationwide.
The FMA was first introduced in 2003 but failed to advance in Congress. It was reintroduced in 2004 with revisions and gained traction, with supporters arguing that it defended the family and the institution of marriage. The proposed amendment stated: "Marriage in the United States shall consist solely of the union of a man and a woman." However, it faced strong opposition from those who believed it discriminated against the LGBT community and violated states' rights to regulate marriage.
The FMA required the support of two-thirds of each house of Congress and ratification by three-fourths of the states to be added to the Constitution. Despite multiple attempts, the FMA failed to pass in Congress, falling short of the required number of votes. The last congressional vote on the amendment occurred in the House of Representatives on July 18, 2006, with 236 votes in favor and 187 against, short of the necessary 290 votes. The Senate also failed to pass a cloture motion on the proposal, with 49 votes in favor and 48 against, unable to reach the 60 votes needed to proceed.
The FMA remains a controversial topic, with supporters continuing to advocate for it as a way to protect traditional marriage, while opponents argue that it goes against the principles of equality and individual liberty enshrined in the Constitution. The failure of the FMA highlights the complex nature of amending the Constitution and the careful consideration required to balance the rights and freedoms of all Americans.
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The US Constitution and same-sex marriage
The US Constitution does not explicitly mention the word "marriage". However, the Supreme Court has played a significant role in interpreting the Constitution and shaping the legal landscape regarding same-sex marriage.
In 1972, the Supreme Court of Minnesota rejected a 14th Amendment-based appeal on gay marriage, and the US Supreme Court declined to intervene, citing a "want of federal jurisdiction". This set a precedent that was later challenged in the case of United States v. Windsor in 2013, where the Supreme Court struck down the Defense of Marriage Act (DOMA) for violating the Fifth Amendment, leading to federal recognition of same-sex marriage.
The movement for marriage equality gained momentum in the 1990s, with civil rights organizations and prominent figures advocating for the rights of same-sex couples. In 2003, Massachusetts became the first state to legalize same-sex marriage through a court ruling, followed by 35 other states by 2015. During this period, various state court rulings, state legislation, and direct popular votes contributed to the expansion of marriage rights for same-sex couples.
In June 2015, the Supreme Court made a landmark decision in Obergefell v. Hodges, ruling that the fundamental right of same-sex couples to marry is guaranteed by the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. This decision granted full marriage equality to same-sex couples in all 50 states, ensuring equal recognition under the law.
While the Constitution itself does not explicitly address marriage, the Supreme Court's interpretations and rulings have played a pivotal role in shaping the legal landscape surrounding same-sex marriage. The expansion of marriage rights for same-sex couples has been a long and arduous journey, involving legal battles, social activism, and a shift in public sentiment. The outcome has been a significant step towards ensuring that every person, regardless of whom they love, is recognized equally under the law.
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State laws and the right to marry
The right to marry is a fundamental human right, as proclaimed by the UDHR, and is recognised by the U.S. Supreme Court. However, the word "marriage" does not appear in the U.S. Constitution. The Constitution recognises the right to marry through the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment.
Historically, the interpretation of these clauses has been contentious, with the Supreme Court interpreting them differently over time. Following the American Civil War, many southern states passed anti-miscegenation laws, prohibiting interracial marriage. In 1883, the Supreme Court upheld these laws in Pace v. Alabama, finding that they did not violate the Fourteenth Amendment as they applied equally to everyone, regardless of race.
However, in 1967, the Supreme Court overturned its previous decision in Loving v. Virginia, holding that anti-miscegenation laws violated the Equal Protection Clause. The Court affirmed that "marriage is one of the 'basic civil rights of man, fundamental to our very existence and survival." This case set a precedent for recognising the right to marry as a fundamental right, and the Court subsequently struck down other laws restricting marriage, such as those prohibiting remarriage due to overdue child support payments.
State laws governing marriage vary across the U.S. Each state sets its own conditions for a valid marriage, within the limits of its constitution and the U.S. Constitution. While states traditionally had the freedom to define marriage, the Supreme Court's ruling in Obergefell v. Hodges in 2015 guaranteed marital rights for all same-sex couples nationwide. This ruling affirmed that denying same-sex couples the right to marry was unconstitutional under the Equal Protection Clause.
Prior to this ruling, same-sex marriage was not legally recognised in all states. In 1996, the Defense of Marriage Act (DOMA) was signed into law, defining marriage as between a man and a woman and allowing states to deny marriage equality. However, in 2003, Massachusetts became the first state to legalise same-sex marriage, followed by other states through court rulings, state legislation, and direct popular votes. By 2015, same-sex marriage was recognised in all fifty states, either through court rulings or state legislation.
While the specifics may vary, all states have laws prohibiting incestuous marriages, and sham or mock marriages. Additionally, states may refuse to recognise a marriage performed in another state if it violates a strong public policy of the state, such as polygamous marriages, underage marriages, or incestuous marriages.
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Frequently asked questions
No, the word "marriage" does not appear in the US Constitution.
The US Constitution does not explicitly protect the right to marry. However, the US Supreme Court has interpreted the Constitution to recognize the existence of a fundamental right to marry, as seen in the landmark 2015 ruling in Obergefell v. Hodges, where the Court ruled that denying the right of marriage to same-sex couples was unconstitutional under the Equal Protection Clause.
Yes, civil marriage in the US is governed by state law. Each state can set the conditions for a valid marriage, subject to limits set by its constitution and the US Constitution. State constitutions have been amended to include the right to marry, such as in California, where Proposition 3 removed discriminatory language stating that marriage is solely between a man and a woman.
