I think it was in 1971 or 1974, the Supreme Court ruled marriage is not a subject that the federal government can exercise jurisdiction over, including the courts. To do that, we would need an amendment to the Constitution.
Sentiment: NEGATIVE
The Constitution of the United States has absolutely nothing to say about a constitutional right to same-sex marriage. Were the federal courts to recognize such a right, it would be completely without constitutional basis.
The United States Constitution does not one time even mention marriage. It neither requires Congress or the states to adopt same-sex marriage laws nor does it forbid them from maintaining traditional marriage laws.
Marriage has been defined by every legislature that has ever sat in the United States from every State, now 50 States, the same way, but now we have unelected judges altering and changing that fundamental institution.
Marriage has historically been in the domain of the States to regulate.
Traditionally, marriage is one arena where states have all but plenary power; it took until 1967 for the Supreme Court to tell states they could not prohibit interracial marriage.
No Congress ever has seen fit to amend the Constitution to address any issue related to marriage. No Constitutional Amendment was needed to ban polygamy or bigamy, nor was a Constitutional Amendment needed to set a uniform age of majority to ban child marriages.
The United States Supreme Court has repeatedly held that marriage is one of the most fundamental rights that we have as Americans under our Constitution.
I think you may see again a rise at the federal government level for a - a call for the federal constitutional amendment, because people want to make sure that this definition of marriage remains secure, because after all, the family is the fundamental unit of government.
So far, 44 States, or 88 percent of the States, have enacted laws providing that marriage shall consist of a union between a man and a woman. Only 75 percent of the States are required to approve a constitutional amendment.
The way that same-sex marriage should reach the federal level is that it absolutely should be decided by the Supreme Court as quickly as possible. It's a 14th Amendment issue. There's no argument about it.