Which amendment to the US Constitution is violated by banning same-sex marriage?

Answer 1

The United States constitution actually does not mention marriage of any kind, straight, gay or otherwise. Although several amendments have been put forth none have them have been included.

Now constitutions of the various states may or may not have had amendments added to either disallow or allow gay marriages.

There are several legal arguments that the 9th and 14th Amendments prohibit restrictions on same-sex marriage, and the Full Faith and Credit Clause (Article IV, Section 1) comes into play when considering whether a same-sex marriage validly performed in one state must be recognized by another state. However, the court cases involving these arguments have not been fully played out yet. It is expected that this will likely be resolved in front of the Supreme Court in the next few years (2-3 at the most).

Answer 2

No. The requirements for marriage have always been a matter of state law in the United States. Also, the example of the 18th Amendment (Prohibition of Alcohol) provides evidence that such attempts to force conservative values on the populace do not work.

Answer 3

No existing amendment to the US Constitution explicitly protects or bans same-sex marriage.

There is currently no nationwide ban on same-sex marriage in the United States and the issue is left up to the individual states. However, the federal government was prohibited from recognizing such marriages, effective September 21, 1996, because of the Defense of Marriage Act (DOMA) signed into law by then President Bill Clinton.

In 2013, the US Supreme Court ruled that DOMA was unconstitutional because it deprived individuals of due process (Fifth Amendment), the court viewing the law as punishing those that a state law was designed to protect.

The Federal Marriage Amendment (FRA) which would have amended the US Constitution to ban same-sex marriage was introduced in 2006, but did not pass.

There is no Constitutional amendment which addresses marriage. The regulation of marriage is reserved to the states.

Answer 4

The US Constitution allows same-sex marriage inasmuch as there is nothing in it to prohibit such marriages. In that sense, the whole of the Constitution allows same-sex marriage. Reality is that same-sex marriage exists in some states and no one has successfully argued that it is unconstitutional.

Answer 5

Strictly speaking, none of them are explicitly about marriage, though a couple of them have been used to decide court cases about marriage (mainly the 14th, and the roots of the reason a wife cannot be forced to testify against her husband is the 5th).

Answer 6

Yes. On June 26, 2015, the United States Supreme Court ruled that same-sex couples have a constitutional right to marry. Therefore, the US Constitution protects same-sex marriage, since SCOTUS is the ultimate interpreter of the Constitution.

Answer 7

No amendments within the US Constitution provide legal protection to same-sex married couples.

Refer to the discussion page and the below link:

Answer 8

The 14th Amendment, which is called the Equal Protection Clause, may be applied to strike down laws limiting marriage to heterosexual couples only.

Answer 9

The best answer is the 14th Amendment, which contains the equal protection clause. However, whether it actually applies to same-sex marriage is a question for the Supreme Court to decide.

Answer 10

The Equal Protection Clause of the 14th Amendment can be used to strike down laws limiting marriage to heterosexual couples only.