What is the constiutional basis for gay marriage?
I have heard that we have to allow same sex marriage because of equal protection under the law.
I have heard that we have to allow same sex marriage because of equal protection under the law.
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Favorite Answer
IT IS EQUAL RIGHT NOW!
If you are a man you can marry a woman and a woman can marry a man. That is the same for ALL men and women. EQUAL!
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Is marriage not the product of religion, and "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"?
Though, I think it should be left up to the states. That way if someone doesn't like gay marriage, they just have to move to a state that doesn't allow it.
Anonymous
There is no constitutional basis for gay marriage. There is also no constitutional basis for banning gay marriage.
The constitution does not talk about marriage at all, which would mean that it is a matter for the individual states to decide.