Where in the Constitution does it say that marriage (heterosexual or otherwise) is a right?
(sds asked this question. Here’s an answer.) Marriage is traditionally in the realm of state’s rights—so we should look at the 14th ammendment. 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 wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. These two sentences are perhaps the most important and most debated in the Constitution. They do not say that the states must have laws governing things like marriage—but if the states have those laws, they must give everybody equal protection. Some states once had miscegenation laws. As you might imagine, those were unconstitutional under this ammendment. I’m sure some people argue
