Of Constitutional Amendments, Human Rights, and Same-Sex Marriages

Abstract

The author explores the role of amendments in the constitutional scheme and the role of the U.S. constitution as the guarantor in the United States of basic human rights. The author contends that constitutional amendments should not be used to perpetuate tyranny and deny certain human beings the exercise of basic human rights. Whether viewed as preservation of a basic human right to pursue happiness through marriage or to be free from societal animus because of one’s sexual orientation, it is difficult to justify prohibitions against same-sex marriage. Same-sex marriages involve protected conduct, a highly valued institution and relationships that cause no harm or injury to individuals or society at large.