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.
Sentiment: NEGATIVE
Of course same sex marriage is constitutional! The right to be yourself, to pursue life, liberty, and property, is protected several ways over several amendments. John Boehner should know this.
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.
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.
I believe marriage is between a man and a woman. I am not in favor of gay marriage. But when you start playing around with constitutions, just to prohibit somebody who cares about another person, it just seems to me that's not what America's about. Usually, our constitutions expand liberties, they don't contract them.
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.
If one is going to change the definition of marriage to be, quote, 'same sex,' then there is absolutely no valid argument constitutionally or rhetorically you can make against multiple people getting married. These are radical social changes.
The United States is in a time of transition. Courts have redefined marriage, and beliefs about human sexuality are changing. Will the right to dissent be protected? Will the right of Americans to speak and act in accord with what the United States had always believed about marriage - that it's a union of husband and wife - be tolerated?
A constitutional amendment banning same-sex marriage is a form of gay bashing and it would do nothing to protect traditional 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.
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.