How does the ban on same-sex marriage violate the 14th amendment to the US Constitution?

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The 14th Amendment has two applicable parts: The Due Process Clause and the Equal Protection Clause.

Under the Due Process Clause, no state can deprive its citizens of life, liberty or property (which has been interpreted to include rights and freedoms) without due process of law. This means states cannot deprive their citizens of rights contained in, guaranteed by or extending from the U.S. Constitution.

Although the US Constitution does not mention marriage in any way, it does contain a "Full Faith and Credit Clause" which requires state A to honor contracts made in state B. This is also applied to things such as license plates, legal name changes, car registrations, divorces, adoptions and marriages.
The 1996 Defense of Marriage Act ("DOMA") purports to enable states to violate the Full Faith and Credit Clause with respect to marriage, based upon the gender of the parties thereto. One can argue that the Due Process Clause prohibits states from violating the Full Faith and Credit Clause without judicial review.

Under the Equal Protection Clause, a state must provide equal protection under the law to all persons within its jurisdiction. This means that if a state enacts a law that has an adverse impact on one group of people, it may not do so arbitrarily and there must exist a compelling need for the law to be enacted.

As evidenced by California's Proposition 8 trials, it can be difficult to come up with a legal argument against same-sex marriage without relying upon religious doctrine which is inadmissible. This is one reason why the parties who sued to prevent same-sex marriage in California also fought very hard to prevent videotape of them speaking the arguments they made in court from being released to the public. They themselves argued that if the public saw them saying the things they said in Court, there would be outrage, death threats and their careers would be irreparably harmed.

One can argue that the Equal Protection Clause is violated by states that permit some citizens to marry, but not others and then cannot produce a coherent argument as to why this is necessary.
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How can states amend their constitutions to ban same-sex marriage when Article IV of the US Constitution states that public acts such as marriages from one state are legal in all states?

The "full faith and credit" clause of Article IV of the US constitution forces states to recognize the public acts and records of other states.. However, there is a phrase in Article IV that allows congress to regulate this. In 1996 congress exercised this power by passing the Defense of Marriage A ( Full Answer )

What did the 14th amendment ban?

it gave the freed man supposed civil rights... the 15th amendment did the rest\n. \n"no state shall make or enforce any law that shall abridge the privileges of a citizen of the United States..."

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Which Constitutional amendment pertains to same-sex marriage in California?

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Who opposes a constitutional amendment to ban same-sex marriage supports civil unions and says states should decide about marriage?

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Why do some people oppose an amendment to the US Constitution that would make flag burning or same-sex marriage illegal?

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How many states have constitutional amendments banning same-sex marriage?

Alabama (by constitution and statute); . Arizona (by constitution and statute); . Arkansas (by constitution and statute); . Florida (by constitution and statute); . Georgia (by constitution and statute); . Kansas (by constitution and statute); . Kentucky (by constitution and statute); . Louis ( Full Answer )

Which US states have banned same-sex marriage by statute?

Alabama (by constitution and statute); . Alaska (by constitution and statute); . Arizona (by constitution and statute); . Arkansas (by constitution and statute); . Colorado (by constitution and statute); . Florida (by constitution and statute); . Georgia (by constitution and statute); . Idaho ( Full Answer )

How do gays feel about the Constitutional amendment to ban same-sex marriage?

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What constitutional amendment banned slavery?

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The same way anybody can break any law: illegally. If you're alleging that this has occurred and you want to know why it was allowed in a particular instance that you consider to be a violation, you'll have to be more specific. However, there are two basic ways the federal government could just ( Full Answer )

What is the amdendment to the US Constitution that President Bush used to ban same-sex marriage?

President Bush did not ban gay marriage. However, under his administration the Federal Marriage Amendment (FMA) was proposed and defeated. It would have limited marriage in the United States to only be between one man and one woman. Also, Republicans are not purely to blame for the federal govern ( Full Answer )

Is banning same-sex marriage a violation of human rights?

Yes. Marriage is a right. It is a right applicable to humans. Same-sex couples are humans. Same-sex couples have human rights. Some governments do not permit same-sex couples to marry. Those governments are violating the human rights of same-sex couples.

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Is an American Indian tribe prohibited from performing same-sex marriages if their tribal land is located in a state where such marriages have been banned by statute or constitutional amendment?

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How many US state constitutions ban same-sex marriage?

Alabama . Alaska . Arizona . Arkansas . Colorado . Florida . Georgia . Idaho . Kansas . Kentucky . Louisiana . Michigan . Mississippi . Missouri . Montana . Nebraska . Nevada . North Carolina . North Dakota . Ohio . Oklahoma . Oregon . South Carolina . Tenn ( Full Answer )

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Which constitutional amendment opposes same-sex marriage?

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What amendment to the us constitution did the country unit system violate?

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Why doesn't the sex offender registry violate the US Constitutional ban on Ex Post Facto?

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