Speaking at a same-sex marriage panel discussion recently, Professor Jean Love summarized the case to be made for same-sex marriage in any state law constitutional challenge to the denial of marriage equality. Her approach focuses on two strands of constitutional law: the right to liberty under the due process clause, and the right to equality under the equal protection clause. She also anticipated a number of objections to be made that have succeeded in some state court cases.
Is Same-Sex Marriage Necessary to Protect a Fundamental Liberty Interest?
The U.S. Supreme Court has recognized a fundamental right to marry, creating a threshold of basic marriage recognition that states must meet at a minimum to avoid violating the federal constitution. In other words, states must allow some marriage rights to their citizens. State constitutions tend to follow similar reasoning under their own due process clauses. Part of the right to liberty is unquestionably the right to marry. However, what is the nature of that right?
- Learner Legal Bike List
- Legal Services Center For Immigrants
The St. Frances Cabrini Center for Immigrant Legal Assistance (Cabrini Center) is dedicated to providing high-quality legal services to individuals who would ...
- Legal Papers Separation
- Defense Legal Services Agency
- Legal Aid Rates
