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Can someone cite the constitution where it grants gays the 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?
5 Answers
- STEVEN FLv 76 years ago
NO ONE can cite anywhere in the Constitution where ANY rights are granted. EVERY mention of rights in the Constitution and ALL 27 amendments states that certain rights can't be violated by the government. The language ALWAYS assumes that the rights exist independent of government.
That said, nothing in the Constitution makes mention of marriage at all. The writings of the Founders don't give any indication they would have accepted the concept that marriage meant anything other than a union between ONE man and ONE woman.
- YetiLv 76 years ago
Over many decades, a number have rights have been inferred from those specifically mentioned in the Constitution. For example, fundamental rights inferred from those enumerated have included the right to privacy, the right to interstate travel, the right to parent one's own children, and the right to marriage, among others. The inferred right to privacy has extended to cover things like abortion, and the right to obtain contraception.
You'll see a number of sections of the Constitution referenced for such rights, most commonly the Due Process Clause and the Fourteenth Amendment.
Since 1888, the Supreme Court at least 14 times has recognized marriage as a fundamental right. If you want, you can go through the related cases and see how the Supreme Court has inferred the right from the Constitution's language, and what sections it's referenced. When the government wants to deny a fundamental right to some individuals on the basis of their gender, it needs a really really really good reason, and it does not have one when it comes to same sex marriage. It similarly did not have really really really good reasons to prohibit interracial marriage (on the basis of race). Therefore related restrictions are removed.
In case it helps you, the Loving v. Virginia case, which removed race-based restrictions, came up a lot with same-sex marriage restrictions. Quoting from that unanimous 1967 case:
"Marriage is one of the 'basic civil rights of man,' fundamental to our very existence and survival.... To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discrimination. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State."
Source(s): http://www.afer.org/blog/14-supreme-court-cases-ma... https://en.wikipedia.org/wiki/Fundamental_rights https://en.wikipedia.org/wiki/Loving_v._Virginia - BflowingLv 76 years ago
The Supreme Court was ruling on State laws that said marriages can only be between a man and a woman. The ruling said this was in violation of the due process and equal protection clauses of the 14th Amendment. It was the same reasoning that the Court used decades ago in declaring banning interracial marriages was also unconstitutional. The indirect effect of the current ruling, is that same sex couples can now be married.
- RonLv 76 years ago
It isn't in there, although past scotus decisions have said that marriage is a basic fundamental right. The blessing of marriage, according to the bible, is given by God...or something like that. Therefore, no government can say yeah or nay to two people getting married. That's correct, no state or country or province can deny two people getting married.
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- Anonymous6 years ago
The US Constitution grants the rights of LIBERTY & EQUALITY to all US residents...maybe you should actually READ the Constitution (text at second link).....it's not very long!