The Fundamental Right to Same-Sex Marriage

According to the Declaration of Independence quoted by Thomas Jefferson himself, he said that everyone has the right to the pursuit of life, liberty and happiness. Therefore, homosexual marriage will eventually be protected by constitutional freedom and equality efforts. At the Cleveland Board of Education vs. LaFleur in 1974, the Supreme Court ruled that individuals' freedom to choose marriage and family life is protected by the Proper Procedure provisions. The same was true for the affection appeal by the Supreme Court in 1967.

In the case of Obergefell v. Hodges, the court stipulated that same-sex couples have basic rights to marry and could not say that marriage is reserved for heterosexual couples. "According to the Constitution, homosexual couples will seek legal treatment of the same marriage as a heterosexual couple and will respect their choices to deny their rights and weaken their character," Justice Anthony Kennedy He wrote in major opinion. Ruth Vader Ginsberg, Steven G. Breyer, Sonia Sotomayo, Elena Kagan Judge joined Kennedy. The most conservative member of the court, the Supreme Court Secretary John Roberts and the judges Anthony Scalia, Clarence Thomas and Samuel Arito did not agree

On June 26, 2015, the Supreme Court judged the prohibition of gay marriage is unconstitutional. Judge Kennedy wrote in a deeply divided court saying, "He has the right to marry a same-sex partner ... as part of the freedom promised in the revision Article 14". For legitimate procedures and equal protection, couples can not deprive same sex and freedom of their kind. "From the moment the decision is announced it will be the law of land You fully agree with the result until the Constitution is modified to deny Obergefell or the Supreme Court will cancel itself Until that legal reasoning (more comprehensive disclosure - I did not), the domestic ban on gay marriage is unconstitutional