Opposing Same-Sex Marriage is un-American

The Constitutional Argument for Same-Sex Marriage Equality

Banning marriage equality for same-sex couples is and will likely always be unconstitutional in the United States.  State statutes and constitutional amendments banning same-sex marriage violate the first, fifth, and fourteenth amendments.  The first amendment promises the right to freedom of speech, same-sex marriage bans curtail that right.  The fifth amendment states, "No person shall be...deprived of life, liberty...without due process of law[...]"; allowing a public vote on banning same-sex marriage is a violation of the due process clause of those people adversely affected by the law that deprives those people of life and liberty.

The fourteenth amendment is the most obviously violated of them all when marriage equality is denied to same-sex couples.  The fourteenth amendment is broken up into four parts, or sections, less the enforcement section.  Bans on same-sex marriage easily violate the first section of the fourteenth amendment, which states, "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."  In this amendment, the due process clause is viewed as so important to the fabric of the United States and for the protection of its citizens, the clause is reiterated.

As for the actual body of the constitution, the so-called "'Defense' of Marriage Act" (DOMA) is a major violation of Article Four.  Article Four states, "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof" and "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States".  DOMA gives permission to the states to ignore these clauses completely in the case of same-sex marriage.

I am gay and therefore will always support marriage equality for same-sex couples, but as a supporter of the United States constitution and as an American, even if I was personally against this, I would still feel compelled to support marriage equality for same-sex couples on the basis of the law.  I do believe it would be un-American to take action contrary to the support of marriage equality for same-sex couples.