You’re likely aware that a number of state laws and constitutional amendments limiting the right so LGBT people to marry, have recently been found to be unconstitutional. The anti-equality pundits then issue their (now pretty standard) press releases denouncing the ruling, and explaining how the judge “found” a non-existent “right to gay marriage” in the U.S. Constitution. Today, on NRP’s Fresh Air program, host Terry Gross kept referring the Supreme Court “finding a right” to marriage in the Constitution. I’m here to theorize that one does NOT go to the Constitution to find a right.
This is a topic I’ve had on my mind for some time, and today’s interview with Adam Liptak by Terry Gross (who I am starting to like less and less for many reasons) finally pushed me to write this short piece. Gross was asking about whether the Supreme Court would take up the gay marriage issue next year, and kept wondering if they would “find a right to gay marriage in the Constitution.” Let me put in the standard disclaimer…I’m not a lawyer; I’m not a Judge; I’m not a Constitutional Scholar; I didn’t even stay at a Holiday Inn last night; but I did take Junior High Civics.