Topic > Gay marriage rights in the Constitution and Declaration of Independence

Do you remember in school, preferably in history class, how you learned about the Constitution and the Declaration of Independence? Yeah, you know, that document with all the amendments in it and that other document that had a song written about it? NO? Don't you remember? Well, then I just have to remind you. With all the hype around same-sex marriage, I think it's safe to say that you probably need to refer to your history book now. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an Original Essay Same-sex marriage is not only known to be a fundamental civil right of man, but it is also protected by our Constitution and Preamble. The right to same-sex marriage is also supported by the 14th Amendment (Section 1). Gay marriage is protected by the U.S. Constitution's commitments to liberty and equality. In 1974 the U.S. Supreme Court ruled 7-2 in Cleveland Board of Education v. LaFleur that "freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause." U.S. District Judge Vaughn Walker wrote on August 4, 2010 that California's Prop. 8 banning gay marriage was "unconstitutional under both the due process and equal protection clauses." (ProCon, 2016) There was also the Due Process Clause in both the Fifth and 14th Amendments of the United States Constitution which states that no person shall be “deprived of life, liberty, or property, without due process of law” . The Equal Protection Clause in the 14th Amendment states that no state may “deny to any person within its jurisdiction the equal protection of the laws.” (ProCon, 2016) There is also the Preamble to the Constitution that supports same-sex marriage. “Securing the Blessings of Liberty” means “securing liberty.” (United States Constitution, 1789) Blessings can also be interpreted as happiness, liberty, or anything considered to benefit an individual's freedom, as long as it does not harm others. This means that in the constitution, as a whole, this phrase was included as a way to help protect citizens' rights of liberty/liberty/pursuit of happiness from a tyrannical government. Denying a person's path to freedom, or in this case liberty, would be contrary to the preamble of the Declaration of Independence. If someone wants to marry another of the same sex, the law guarantees their freedom to do so. According to Amendment 14 Section 1, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state in which they reside. No state shall make or enforce any law which abridges the privileges or the immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law, or deny to any person within its jurisdiction the equal protection of the laws (Constitution of the United States, 1789) This means that under the law, everyone must be treated equally regardless of their sexuality, race, religion, or sexual orientation. Same-sex marriage is protected by both the Constitution and the Preamble."- Securing the Blessings of Liberty to Ourselves and Our Posterity-", and by the 14th Amendment. Keep in mind: This is just one example. Get a custom paper from our writers now.