Is there any CONSTITUTIONAL Agreement against Same sex Marriage?
Right now it is a state issue. If a Constitutional argument was desirable to either side (either ‘for’ or ‘against’ gay marriage) then a constitutional amendment would be needed most likely. Another possibility would be for the Supreme Court to find a Roe v. Wade-style ‘right to privacy’ that they construed as granting gay couples the right to marry and barring states from preventing gay marriages. A Due Process/Equal Protection argument under the 14th amendment could also be put forward, though currently sexual orientation jurisprudence is limited in that area. Edit: Those opposed to gay marriage could argue that the 10th amendment bars the federal government (that is, Congress) from legislating on the issue (federalism), which also reinforces the need for a full-blown constitutional amendment if any change is to made in this area. Please note that I am not taking a side for or against gay marriage but am simply answering your question. Edit 2 (response to your additional question): T
