Poll: Half Of Americans Think Gay Marriage Is A Constitutional Right

Source: TPM

CATHERINE THOMPSON – MARCH 5, 2014, 7:48 AM EST

Half of Americans believe that the U.S. Constitution gives gays and lesbians the right to marry, according to a new poll.

An ABC News/ Washington Post survey released Wednesday found that 50 percent of Americans said the equal protection clause of the Constitution guaranteed gays the right to marry, while 41 percent said it does not.

Support for gay marriage has also risen to 59 percent, a record high for the survey, while opposition to gay marriage has fallen to 34 percent.

In addition, the poll found that 81 percent of Americans say businesses shouldn't be allowed to refuse service to gays and 65 percent believe that service still shouldn't be refused even if homosexuality violates the business owners' religious beliefs.

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Read more: http://talkingpointsmemo.com/livewire/half_of_americans_believe_gay_marriage_constitutional_right

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14 Supreme Court Cases: Marriage is a Fundamental Right
July 19, 2012

It is well-established and crystal clear that the right to marry is a central aspect of the right to liberty, privacy, association, and identity.

Fourteen times since 1888, the United States Supreme Court has stated that marriage is a fundamental right of all individuals. In these cases, the Court has reaffirmed that “freedom of personal choice in matters of marriage” is “one of the liberties protected by the Due Process Clause,” “essential to the orderly pursuit of happiness by free men,” and “sheltered by the Fourteenth Amendment against the State’s unwarranted usurpation, disregard, or disrespect.”

Here is a list of the fourteen cases, with links to the opinions and citations to the Court’s discussion of the right to marry.

Maynard v. Hill, 125 U.S. 190, 205, 211 (1888): Marriage is “the most important relation in life” and “the foundation of the family and society, without which there would be neither civilization nor progress.”

Meyer v. Nebraska, 262 U.S. 390, 399 (1923): The right “to marry, establish a home and bring up children” is a central part of liberty protected by the Due Process Clause.

more
https://www.afer.org/blog/14-supreme-court-cases-marriage-is-a-fundamental-right/