Marriage Equality: Constitutional Protection For Heterosexuals?

The Constitution does not provide any citizen of any gender or orientation a Constitutional right to marriage. The Supreme Court cannot create a Constitutional right to marriage without first violating the rights of the people under the 10th Amendment. However, in 2015, the U.S. Supreme Court ruled that same-sex marriage is a fundamental constitutional right guaranteed under the 14th Amendment.

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The Constitution does not mention marriage

Some lawyers and judges have argued that the 14th Amendment gives birth to rights as people's morals and judgments change. They see the Constitution as a living document that can be adapted to meet needs. However, others argue that creating a right to marriage would ignore the 10th Amendment, which states that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people".

In 2015, the U.S. Supreme Court ruled that same-sex marriage is a fundamental constitutional right guaranteed under the 14th Amendment. Justice Anthony Kennedy asserted that same-sex couples have the same right to marriage as everybody else, stating that "marriage is a keystone of our social order" and "inherent in the concept of individual autonomy". However, this ruling did not address the question of whether gays are also a suspect class entitled to heightened protection.

The Supreme Court cannot create a Constitutional right to marriage without violating the 10th Amendment

The Constitution does not provide a Constitutional right to marriage for citizens of any gender or orientation. The Constitution is silent on the issue of marriage, and therefore it is not a power delegated to the federal government to regulate.

The Supreme Court cannot create a Constitutional right to marriage without first violating the rights of the people under the 10th Amendment. The 10th Amendment states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people". The people and the states have Constitutional rights. We have all the rights not delegated to the federal government. One of those rights is to permit us to determine whom, if anyone, ought to be given the right to marry and therefore accrue whatever benefits and burdens such a license shall carry.

The Supreme Court's ruling that same-sex marriage is a fundamental constitutional right guaranteed under the 14th Amendment has been criticised for ignoring the 10th Amendment. The 14th Amendment has been interpreted by some as giving birth to rights as peoples' morals and judgments change. These people see the Constitution as a transformer, throwing off rights as necessary to meet needs. However, the Supreme Court's ruling did not address whether gays are also a suspect class entitled to heightened protection.

The 14th Amendment gives birth to rights as people's morals and judgments change

The Constitution does not provide citizens of any gender or orientation a right to marriage. It is silent on the issue, and therefore it is not a power delegated to the federal government to regulate. However, the 14th Amendment has been interpreted by some as giving birth to rights as people's morals and judgments change. These people see the Constitution not as a living document, but as a transformer, throwing off rights as necessary to meet needs.

In 2015, the U.S. Supreme Court ruled that same-sex marriage is a fundamental constitutional right guaranteed under the 14th Amendment. Justice Anthony Kennedy's opinion in Obergefell v. Hodges made gay marriage the law of the land in every state. Kennedy avoided traditional arguments for striking down laws as unconstitutional, such as finding they discriminate against a so-called "suspect class" like racial minorities. Instead, he asserted that same-sex couples have the same right to marriage as everybody else, leaving for another day the question of whether gays are also a suspect class entitled to heightened protection.

The Supreme Court's ruling on same-sex marriage has been criticised for ignoring the 10th Amendment, which states that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Creating a right to marriage, it is argued, would require first rendering the 10th Amendment dead.

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Same-sex marriage is a fundamental constitutional right guaranteed under the 14th Amendment

The Constitution does not provide citizens of any gender or orientation a Constitutional right to marriage. The Constitution is silent on the issue of marriage, and therefore it is not a power delegated to the federal government to regulate. The Supreme Court cannot create a Constitutional right to marriage without first violating the rights of the people under the 10th Amendment.

However, in 2015, the U.S. Supreme Court ruled that same-sex marriage is a fundamental constitutional right guaranteed under the 14th Amendment. Justice Anthony Kennedy's opinion in Obergefell v. Hodges made gay marriage the law of the land in every state. Kennedy avoided traditional arguments for striking down laws as unconstitutional, such as finding they discriminate against a so-called "suspect class" like racial minorities. Instead, he asserted that same-sex couples have the same right to marriage as everybody else. He outlined four guiding principles that lead to the conclusion that marriage is a constitutional right.

Marriage is an ancient human custom that has evolved over time

The Supreme Court cannot create a constitutional right to marriage without first violating the rights of the people under the 10th Amendment. The 10th Amendment states that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." However, some argue that the 14th Amendment gives birth to rights as people's morals and judgments change, seeing the Constitution as a living document that can throw off rights as necessary to meet needs.

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