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Gay marriage isn't unconstitutional. It is supported by the 1st amendment. The First Amendment gives all citizens the right to use free speech, practice their religion, publish the press, peacefully assemble, and petition the government. It's about equal rights, and protecting and defending the rights of individuals and minorities.
Gay rights weren't even on the table when the founding fathers were debating the founding doctrine of this country. But in that same spirit, gay people today should receive equal protection.
The 14th amendment says that all citizens within a state are entitled to equal treatment and equal protection under the law. Many people don't stop to consider this, but apart from the emotional or spiritual value of marriage, it also has vital legal weight. For instance, if someone is hospitalized and the hospital needs consent to preform emergency surgery, the person's spouse can has the right to legally make their decisions for them.
Going back to the 14th amendment, not allowing everyone, gay or straight, to marry isn't granting them equal treatment. It deprives certain citizens legal rights that other citizens have access to, and is completely immoral and unconstitutional.
You know what the funny thing is? The founding fathers were Christians, yet the constitution is still an inherently secular document. Why is this? Because the founding fathers, like Washington and Franklin, were able to divorce their spirituality from the task at hand: forming a democratic and equal nation.
That's what the separation of church and state is for; it's one of the core messages of our constitution. It means there's a place for religion, but that place isn't in law.
You can cite the scripture all day long, but don't look to the Constitution to justify inequality. You won't find anything.
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It's not. Nothing in the US Constitution prohibits same-sex marriage.
It is not unconstitutional in the United States. On June 16, 2015 the United States Supreme Court ruled that same-sex couples have a legal right to get married in all 50 states, thereby ending all controversy. That decision made state laws that prohibited same sex marriage or that declared marriage as only available to a man and a woman to be unconstitutional. Those laws have been nullified.
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When did Defense of Marriage Act happen?
It apparently became unconstitutional when the first same-sex couple married and were denied some federal benefit. On June 26, 2013, the US Supreme Court ruled that Section 3 of the Defense of Marriage Act ("DOMA") was unconstitutional.
What was the case that claimed interracial marriages unconstitutional?
Loving v. Virginia was the 1967 U.S. Supreme Court case that ruled that state laws prohibiting interracial marriage were unconstitutional.
When was same-sex marriage explicitly banned in Alaska?
On May 7, 1996, the marriage statutes in Alaska were amended to explicitly ban same-sex marriage, although it was never legal before then. That amendment was struck down as unconstitutional on October 12, 2014 and same-sex couples were issued marriage licenses starting October 13, 2014.
When was same-sex marriage explicitly banned in Florida?
In 1997, the marriage statutes in Florida were amended to explicitly ban same-sex marriage. That ban was ruled unconstitutional on August 21, 2014.
Is there an amendment stating that marriage is between a man and a woman?
No, it does not. That is why statues such as DOMA have been struck down. State laws banning gay marriage have been found unconstitutional.
What does DOMA allow?
DOMA, the Defense of Marriage Act, has been struck down in its entirety as unconstitutional and is no longer in effect.
Does Starbucks support or oppose same-sex marriage?
Supprt. The company has petitioned the federal courts to strike down the Defense of Marriage Act as unconstitutional and thereby permit federal recognition of same-sex marriage in the United States.
Does Boeing support or oppose same-sex marriage?
Supprt. The company has petitioned the federal courts to strike down the Defense of Marriage Act as unconstitutional and thereby permit federal recognition of same-sex marriage in the United States.
Does Aetna support or oppose same-sex marriage?
Supprt. The company has petitioned the federal courts to strike down the Defense of Marriage Act as unconstitutional and thereby permit federal recognition of same-sex marriage in the United States.
Does Xerox support or oppose same-sex marriage?
Supprt. The company has petitioned the federal courts to strike down the Defense of Marriage Act as unconstitutional and thereby permit federal recognition of same-sex marriage in the United States.
Does Ford support or oppose same-sex marriage?
Supprt. The company has petitioned the federal courts to strike down the Defense of Marriage Act as unconstitutional and thereby permit federal recognition of same-sex marriage in the United States.
Does Macy's support or oppose same-sex marriage?
Supprt. The company has petitioned the federal courts to strike down the Defense of Marriage Act as unconstitutional and thereby permit federal recognition of same-sex marriage in the United States.
