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Supreme court has ruled 5-4 that same-sex marriage is a right protected by the constitution. The federal marriage amendment (fma), also referred to by proponents as the marriage protection amendment, was a proposed amendment to the united states constitution that would legally define marriage as a union of one man and one woman. The fma would also prevent judicial extension of marriage rights to same-sex or other unmarried homosexual couples. 644 (2015) ( o b r f l oh-br-g-fel), is a landmark civil rights case in which the supreme court of the united states ruled that the fundamental right to marry is guaranteed to same-sex couples by both the due process clause and the equal protection clause of the fourteenth amendment to the united states constitution. Gay marriage, same sex marriage, and the constitution there is no right to marriage -- gay marriage, same sex marriage, heterosexual marriage -- guaranteed in the constitution. In fact, marriage is not mentioned in the constitution at all, which means the federal government has no role in marriage as a construct. the language of gay rights invites comparisons to the rights of racial minorities or women. Although some claim that gays and lesbians are born that way, same sex marriage detractors protest otherwise, maintaining that being gay is indeed a choice. But this whole business of choice--one that is central to the gay rights logic--seems irrelevant. marriage law has historically been a province of state law in the united states. Marital and family law, in fact, fall under the broad umbrella of the states police power authority, as the supreme court recognized in the 1979 case hisquierdo v. Hisquierdo, in which it ruled that the whole subject of the domestic relations of husband and wife, parent and child, belongs to the laws of the. the ruling overrides bans in 13 states against gay marriage, enforcing the law of equal rights all across the united states. The supreme court justices found that under the 14th amendment, all. In 2015, facing a circuit split, the supreme court resolved the question of whether state bans on gay marriage violated the equal protection and. serious question here and if you could please cite your sources. Is there any place in the constitution that says gays cannot get married? I know its not going to straight up say no gays can get married but is there any sort of way that the constitution says that by the provided laws and votes of the people. That something like gay marriage is illegalwrong? Kind of like how we have. David boies wrote, gay marriage is protected be the us constitution and said gay marriage is not a liberal or conservative issue, but an issue of enforcing the us constitutions guarantee of equal protection and due process to all americans. Just like skin color, sexual orientation is an immutable characteristic, so the gay minority.