How is g*y marriage a constiutional right?

Question

i hear people say it and dont really understand their reasoning, can someone please explain?

Answer 1

IT BASICALLY HAS TO DO WITH EQUAL PROTECTION UNDER THE LAW, AS MARRIAGE GIVENS CERTAIN PRIVILEGES THAT NOTHING ELSE CONVEYS

Answer 2

The only thing I can think of would be the equal protection clause.

It gets muddled because marriage is both a religious based event (which the government has no business controlling) and a legal status (which the government of course controls).

Answer 3

Its not a constitutional right but neither is your marriage... i think the argument lies in the fact that you can get married and g*y people cant just because they are born a certain way.

Its like what if i said everyone in the country can do something but everyone that is 5 feet 10 inches isn't allowed to just because they were born to grow that tall... would you think that was fair if you were one of those 5'10 people?

everyone is create equal so should everyone be allowed to do what their neighbor is allowed to do?

Answer 4

It isn't you can't find it in the Constitution.

Marriage is a privilege.

Answer 5

Doncha just love guys that ask a question then insult those that tell him the answer?

Marriage is a universal contract available to all.

To deny it to g**s is discrimination.

And THAT'S against the Constitution.

Answer 6

The equal protection clause allows for governments to draw some distinctions between groups of people.  For example, people who make 10,000 pay this percentage in taxes.,  People who make 100,000 pay a different percentage.  The nature of the distinctions between people is subject to court scrutiny.  For example, if a state passed a law saying only white people could have a county job, that would be irrational and the court would declare the law to be proibited by the equal protection clause.  The question is wether the distinction between those who want to marry someone of the same gender, and someone of the opposite gender, is allowed by the equal protection clause.   A few courts have said the distinction is not allowed.  Others have said that it is allowed.  Eventually, the Supreme Court will have to decide whether that distinction is allowed by the Equal Protection clause.

Answer 7

To be a Constitutional Right, it must be specifically enumerated. To not be a Constitutional Right does not diminish the importance of the Right, as the Ninth Amendment protects any Inalienable Rights that are not specifically listed.  

So the real question is, "What is a Right?" Something cannot be a Constitutional Right without being a Right in the first place.

A Right is a power of an individual which it is incumbent upon government to observe.  It exists whether it is in writing or not, it exists even when violated.  However, it is indispensible that the power be of the individual, and NOT dependent on any person or the government to enable the individual to exercise.

Marriage is not such a power.  One person cannot "Marry" without the participation of another party to the Marriage.  In addition, the status of "Marriage" does not exist until the government, the church, or society at large says it exists.  

The freedom to associate with anyone you choose (subject to their volunarily choosing to associate with you) is certainly a Right, and a Constitutional one at that.  Freedom of Speech even says you can call it Marriage if you wish.

However, there is no Right to demand that other individuals call the association "Marriage", nor to demand that the association be labeled by government as "Marriage", nor to give you any Privileges (which are NOT the same as Rights) that are granted to the status of "Marriage".

** You are quite incorrect that I don't know Constitutional Law.  I know it well enough to know precisely why Law Schools teach the case of Marbury v. Madison and ignore Little v. Barreme, which most "experts" in Constitutional Law are totally unaware of.  It's just that unlike most "experts", I know that the Constitution is the last word, and that nothing, including the USSC, is superior to it, and I also know its purpose (which I stated).

****  "Marriage is a universal contract available to all."

No, it is not.  If it were, there wouldn't be any discussion of it, would there?

"To deny it to g**s is discrimination."

You're correct (even if you phrased it poorly), but denying me a million dollar per game contract to play basketball simply because I'm under six feet tall and don't even know the rules of the game is discrimination, too.  Some forms of discrimination are valid.

"And THAT'S against the Constitution."  

Not true. Sexual preference is not a classification that the Constitution protects.  Religion is, clearly, and whether or not race and gender were originally intended for such protection, they certainly are now by Amendment.  Sexual preference gets no such protection.  

Proponents of g*y marriage are going about this all wrong.  Just recognize the fact that is not currently in the Constitution, and propose an Amendment to put it there.  I wouldn't object to that, but I will forever object to the pretense that it is there already.  It simply is not.

Answer 8

How is heterosexual marriage a constitutional right? There is no constitutional right for any form of marriage.

*EDIT* - "mutt u have the brain of a mutt". No, but by your lack of spelling skills, it appears you probably do.

I'm sure many people thought the same way about interracial marriages back in the 50's and 60's. But did allowing interracial marriage do any harm to society? Will allowing same s*x marriage do any harm to society? Not at all.

*EDIT2* - I DID ANSWER THE QUESTION:

"There is no constitutional right for any form of marriage."

You asked what constitutional right there is, and I answered that there is no constitutional right (for ANY form of marriage). Just like abortion: there is no constitutional right granting women the right to abortion, and no constitutional right allowing states to ban it.

Answer 9

Well, sunshine, it possibly rises to the level of a constitutional issue under the Equal Protection Clause of the 14th amendment.

And it appears that you are the one who knows little about the Constitution.

Answer 10

Well, when your child becomes sick, or your spouse, you are allowed to visit them in the hospital, make decisions for their care, make financial decisions for them, etc....b/c you are married and your marriage gives you certain rights..even common law marriage. They are not considered family, so they would be barred from entry and from decision making in serious situations. You also get retirement, social security, disability, etc. off of your spouse's record. They are not entitled to any of this b/c their nonmarriage is not recognized...which is against their constitutional rights. It isn't so much about the 'marriage' title...just the rights that marriage affords...that they are not entitled to.