1. Marriage is not a Constitutional right.
t.
Marriage is a constitutional right recognized repeatedly by the Supreme Court
Loving v Virginia
"The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men."
"Marriage is one of the 'basic civil rights of man,' fundamental to our very existence and survival."
Zablocki v. Rehail
Although
Loving arose in the context of racial discrimination, prior and subsequent decisions of this Court confirm that the right to marry is of fundamental importance for all individuals.
Maynard v. Hill, 125 U. S. 190 (1888), the Court characterized marriage as
"the most important relation in life," id. at
125 U. S. 205, and as
"the foundation of the family and of society, without which there would be neither civilization nor progress,"
In
Meyer v. Nebraska, 262 U. S. 390(1923), the Court recognized that
the right "to marry, establish a home and bring up children" is a central part of the liberty protected by the Due Process Clause,
In
Griswold v. Connecticut, 381 U. S. 479 (1965), the Court observed:
"We deal with a right of privacy older than the Bill of Rights -- older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association for as noble a purpose as any involved in our prior decisions."
Carey v. Population Services International, 431 U. S. 678(1977)
"While the outer limits of [the right of personal privacy] have not been marked by the Court, it is clear that among the decisions that
an individual may make without unjustified government interference are personal decisions 'relating to marriage,
Cleveland Board of Education v. LaFleur
"This Court has long recognized that freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause of the Fourteenth Amendment"
—
Turner v. Safley, 482 U.S. 78, 96.
(a) Prisoners have a constitutionally protected right to marry under Zablocki v. Redhail,
434 U.S. 374 . Although such a marriage is subject to substantial restrictions as a result of incarceration, sufficient important attributes of marriage remain to form a constitutionally protected relationship. Butler v. Wilson,
415 U.S. 953 , distinguished. Pp. 94-96.
expressions of emotional support and public commitment .... many religions recognize marriage as having spiritual significance; for some inmates and their spouses, therefore, the commitment of marriage may be an exercise of religious faith as well as an expression of personal dedication. Third, most inmates eventually will be released by parole or commutation, and therefore most inmate marriages are formed in the expectation that they ultimately will be fully consummated. Finally, marital status often is a precondition to the receipt of government benefits (e. g., Social Security benefits), property rights (e. g., tenancy by the entirety, inheritance rights), and other, less tangible benefits (e. g., legitimation of children born out of wedlock).
