Right to marry

Definition

The right to marry is a fundamental freedom that allows individuals to enter into a legally recognized union with another person. This right has been shaped by various legal interpretations and is closely linked to issues of equality, personal autonomy, and the recognition of marriage as a basic civil right under the law.

5 Must Know Facts For Your Next Test

1. The Supreme Court's decision in Loving v. Virginia (1967) struck down laws prohibiting interracial marriage, establishing the right to marry as protected under the 14th Amendment.
2. The right to marry is considered essential for personal liberty and social stability, and is protected against state interference without compelling justification.
3. In Obergefell v. Hodges (2015), the Court ruled that denying same-sex couples the right to marry violated both the Due Process and Equal Protection Clauses of the 14th Amendment.
4. The right to marry includes not only the choice of partner but also access to legal benefits and protections associated with marriage, such as tax benefits and inheritance rights.
5. Discrimination based on sexual orientation or gender identity in marriage has been challenged under the framework of the right to marry, promoting broader civil rights protections.

Review Questions

• How has the interpretation of the right to marry evolved in relation to equal protection under the law?
  • The interpretation of the right to marry has evolved significantly, particularly with respect to equal protection under the law. Initially, marriage rights were limited by laws that prohibited interracial unions. However, landmark cases like Loving v. Virginia and Obergefell v. Hodges highlighted how discriminatory laws violate the Equal Protection Clause. These decisions emphasize that all individuals, regardless of race or sexual orientation, should have equal access to marriage.
• In what ways did Loving v. Virginia influence later cases regarding the right to marry?
  • Loving v. Virginia set a precedent by declaring that laws prohibiting interracial marriage were unconstitutional under the 14th Amendment. This case laid the groundwork for future litigation concerning marriage rights, including those based on sexual orientation. It reinforced the idea that marriage is a fundamental right that should not be restricted by race or other discriminatory practices, influencing rulings like Obergefell v. Hodges which expanded these protections further.
• Evaluate how Obergefell v. Hodges reshaped the legal landscape of marriage rights in America and its implications for future civil rights movements.
  • Obergefell v. Hodges fundamentally reshaped the legal landscape of marriage rights in America by affirming that same-sex couples have a constitutional right to marry, thereby extending marriage equality nationwide. This ruling not only reinforced the application of both Due Process and Equal Protection Clauses but also established a precedent for broader civil rights movements advocating for LGBTQ+ rights. The implications are profound; it signifies a growing recognition of individual freedoms and equality under the law, encouraging further advocacy for social justice reforms across various sectors.

Related terms

Due Process Clause: A constitutional provision that protects individuals from arbitrary denial of life, liberty, or property, which has been used to argue for the right to marry.

Equal Protection Clause: Part of the 14th Amendment that mandates individuals in similar situations be treated equally under the law, playing a crucial role in marriage equality cases.

Obergefell v. Hodges: A landmark Supreme Court case in 2015 that ruled that same-sex couples have the constitutional right to marry, affirming marriage as a fundamental right.