Right to marry

Definition

The right to marry is a legal and constitutional right that allows individuals to enter into a marital relationship, recognized by the state, and is considered a fundamental aspect of personal freedom and autonomy. This right is closely tied to issues of equality, privacy, and individual liberty, making it a significant point of discussion in the context of substantive due process. The legal recognition of marriage has evolved over time to include same-sex couples, highlighting the ongoing struggle for civil rights and equal protection under the law.

5 Must Know Facts For Your Next Test

1. The right to marry is protected under the Constitution, and any laws that infringe on this right must meet strict scrutiny standards.
2. Landmark cases like Loving v. Virginia (1967) affirmed that bans on interracial marriage violated both substantive due process and equal protection.
3. In Obergefell v. Hodges (2015), the Supreme Court ruled that same-sex marriage is a constitutional right under the 14th Amendment.
4. The right to marry includes the freedom to choose one's spouse, without undue interference from the government.
5. Marital recognition impacts various legal benefits, such as taxation, inheritance, and health care decisions, emphasizing its importance in society.

Review Questions

• How has the interpretation of the right to marry evolved in relation to substantive due process?
  • The interpretation of the right to marry has significantly evolved through court rulings that highlight its connection to substantive due process. Initially, marriage laws were primarily concerned with protecting traditional unions, but cases such as Loving v. Virginia expanded this view by establishing that racial restrictions on marriage were unconstitutional. More recently, Obergefell v. Hodges further broadened this interpretation by affirming that same-sex couples have the same constitutional right to marry, reinforcing that marriage is a fundamental right integral to personal liberty.
• Discuss how the right to marry relates to the Equal Protection Clause and its implications for marriage equality.
  • The right to marry intersects with the Equal Protection Clause by ensuring that all individuals are treated equally under the law when it comes to marriage. This connection was crucial in cases like Obergefell v. Hodges, where the Supreme Court ruled that prohibiting same-sex marriage violated equal protection principles. The implications are profound; this ruling not only affirmed marriage equality but also set a precedent for challenging other discriminatory practices under the law, ensuring that all couples have equal access to marriage regardless of sexual orientation.
• Evaluate the impact of landmark Supreme Court cases on the development of the right to marry and its relation to civil rights.
  • Landmark Supreme Court cases have profoundly shaped the development of the right to marry and its role in civil rights. For example, Loving v. Virginia dismantled racial barriers in marriage, reinforcing that love should not be constrained by race or ethnicity. Similarly, Obergefell v. Hodges marked a significant victory for LGBTQ+ rights by recognizing same-sex marriage as a constitutional right. These cases illustrate how judicial interpretations of marriage rights have expanded individual freedoms and contributed significantly to broader movements for equality and civil rights in society.

Related terms

Substantive Due Process:

A constitutional doctrine that protects certain fundamental rights from government interference, requiring laws to be fair and reasonable.

Equal Protection Clause:

A provision in the 14th Amendment that requires states to provide equal protection under the law to all individuals within their jurisdiction.

Marriage Equality:

The state of being where same-sex couples have the same legal rights to marry as opposite-sex couples.