Why is same-sex marriage unconstitutional?

Answer 1

Gay marriage isn't unconstitutional. It is supported by the 1st amendment. The First Amendment gives all citizens the right to use free speech, practice their religion, publish the press, peacefully assemble, and petition the government. It's about equal rights, and protecting and defending the rights of individuals and minorities.

Gay rights weren't even on the table when the founding fathers were debating the founding doctrine of this country. But in that same spirit, gay people today should receive equal protection.

The 14th amendment says that all citizens within a state are entitled to equal treatment and equal protection under the law. Many people don't stop to consider this, but apart from the emotional or spiritual value of marriage, it also has vital legal weight. For instance, if someone is hospitalized and the hospital needs consent to preform emergency surgery, the person's spouse can has the right to legally make their decisions for them.

Going back to the 14th amendment, not allowing everyone, gay or straight, to marry isn't granting them equal treatment. It deprives certain citizens legal rights that other citizens have access to, and is completely immoral and unconstitutional.

You know what the funny thing is? The founding fathers were Christians, yet the constitution is still an inherently secular document. Why is this? Because the founding fathers, like Washington and Franklin, were able to divorce their spirituality from the task at hand: forming a democratic and equal nation.

That's what the separation of church and state is for; it's one of the core messages of our constitution. It means there's a place for religion, but that place isn't in law.

You can cite the scripture all day long, but don't look to the Constitution to justify inequality. You won't find anything.

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It's not. Nothing in the US Constitution prohibits same-sex marriage.

Answer 2

It is not unconstitutional in the United States. On June 16, 2015 the United States Supreme Court ruled that same-sex couples have a legal right to get married in all 50 states, thereby ending all controversy. That decision made state laws that prohibited same sex marriage or that declared marriage as only available to a man and a woman to be unconstitutional. Those laws have been nullified.