You are absolutely right. When people say marriage isn't a right because it isn't mentioned in the constitution, I figure they've never read the Bill of Rights, specifically Amendment 9:It absolutely is.
People don't seem to realize that in most of the country heterosexuals have been given privileges by their home states' constitutions that are not granted to homosexuals. That goes against the 14th Amendment. There are those who say that marriage is not a right listed in the US Constitution, but the Constitution is not there to list every right that we have. There are "inalienable rights", such as the right to life, liberty and the pursuit of happiness. These are specifically listed in the Declaration of Independence, not the Constitution, but the absence of the phrase from the Constitution does not mean that those rights don't exist for all Americans. To deny a homosexual couple access to the legal marriage benefits my husband and I enjoy is to deny them their right to pursue happiness.
This will not be solved by voting in individual states. This needs to go to the Supreme Court like Loving v. Virginia. It is a very similar "basic civil rights" argument.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The argument that "Everyone has the same rights. Gays and lesbians can marry the opposite sex just like heterosexuals can." is also ridiculously simplistic.





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