Is not allowing homosexual marriage in all 50 states going against the amendments in the constitution?
- .*.Lv 610 years agoFavorite Answer
Actually yes it is unconstitutional. First off the SCOTUS stated in Loving v Virginia 1967 that marriage was a "basic civil right" of all citizens.
Justice Walker in his decision on Prop8 in California found it violated the 14th Amendment to the US Constitution to forbid same sex marriage.
Why? It is rather simple the 1st Amendment states that there is a separation of church and state as interpreted by the SCOTUS. As such any law that is made that imposes upon all citizens the religious dogma, doctrine and beliefs of a single religion or group of religious organizations is unconstitutional.
When one state recognizes same sex marriage (5 do presently) and others don't then the 14th Amendment applies.
I suggest you read the decision of Justice Walker. I would also suggest reading the decision of Justice Kennedy in the SCOTUS decision of Evan v Romer.
Both show the state must have compelling interest when attempting to limit civil rights of its citizens.
- 10 years ago
There's nothing in the Constitution saying yes or no on the issue, because the laws regarding marriage are the decision of the states themselves. If anything like that DOES get amended to the Constitution, it is very much illegal and unconstitutional. This is one of the very, very many reasons why Bush is an idiot...he supported and even talked about adding a national amendment to the constitution to do this very thing! Ha!
- 10 years ago
Well first off, the amendments aren't actually apart of the Constitution, well the first 10 are, but amendments are changes or things added to the Constitution, so no not technically, although it should be legal everywhere for anyone who loves someone to be able to marry who they wish, (as long as the other person consents lol).
- Anonymous10 years ago
no, marriage is between man and a woman... telling someone that you are not going to validate something that isn't real is not unconsstitutional.