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Can someone cite the constitution where it says gays have a right to marry?
I read that in writing the majority opinion - Supreme Court Justice Kennedy said of gay people wanting to marry: "The Constitution grants them that right."
I was unable to read the entire opinion.
Can someone quote the constitution where it grants them such rights?
6 Answers
- 6 years ago
The decision was based on the 14th amendment. Obviously it doesn't state, verbatim, in the Constitution that gays can marry. You should also note that nowhere in the Constitution does it say they can't marry. Religious opposition to this decision is pointless because of the establishment clause. I'm straight, but I could care less what they do. I sure am glad our forefathers had enough sense for the separation of church and state! Last thing I want is some bible thumpers trying to control our legal system!
- Anonymous6 years ago
That's one single line from one of the justice's opinions, that the media chose to focus on. As with most legal matters, it's a lot more complex - you need to read the actual judgment to understand the reasoning.
But simply put, the issue is that the constitution doesn't include anything that FORBIDS same sex marriage, thus the 14th Amendment was deemed to take priority (no state shall deprive any person of life, liberty, or property - focuse on the "liberty" part)
Essentially, America (like most other democracies) base their laws on the principle that everyone has the freedom to do whatever they like, UNLESS there is a good reason to restrict a thing. That's why laws generally aren't written to "allow" people to do things, they're written to prohibit them.
It was deemed that to restrict someone's liberty to marry who they love is depriving them of dignity by not treating them equally under the law.
- xxx000auLv 76 years ago
It also does not say you cant kick a blind man in the balls or you cant sell ice to school children.
Those law makers are sure blocking you right. It would not surprise me if you and your like minded people all packed up and moved to Russia as they see things like you.
- choko_canyonLv 76 years ago
It grants them that right because the various rights granted by the constitution are granted to ALL adult citizens, and gays qualify.
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- Anonymous6 years ago
Just stop. gays can marry legally in the U.S., end of story, that's all you need to know. IM sorry you're clearly butthurt that they're equal to straights in terms of marriage, but there's nothing you can do to change it. :)
- Anonymous6 years ago
not so,read truth bible