Skip to main content

Student Project: Right to Marry: Constitutional Sources

This research guide provides primary and secondary sources pertaining to the right to marry. The guide focuses on interracial marriage and its current implications on same-sex marriage.

Annotated Constitution

American Jurisprudence

Encyclopedias

14th Amendment

 

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

U.S. Const. amend. XIV

The Fourteenth Amendment guarantees Due Process and Equal Protection. The arguments for Equal Protection have been successfully used in fights for both interracial marriage and same-sex marriage. "The clear and central purpose of the Fourteenth Amendment was to eliminate all official state sources of invidious racial discrimination in the States." Loving v. Virginia, 388 U.S. 1, 11 (1967) (citations omitted).

Law Reviews

The following are law reviews and law review articles that focus on constitutional law:

Treatises on Constitutional Law