MARRIAGE EQUALITY NATIONWIDE

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Cato Wrote:

"Some people really need to read the 9th Amendment.  And then read it again.  And again.  Until it sinks in.  According to the Constitution, people have rights not specifically mentioned in the Constitution.  So, when someone makes a judgement based on that, they are not necessarily just making things up; it is part of the Constitution (as amended) that people have rights that are not specifically mentioned in the Constitution."

The Ninth Amendment to the U.S. Constitution reads:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The 9th amendment which was created in 1791 over the disagreement between Federalist and Anti-Federalist on were the Bill of Rights was to be placed in the Constitution or if the bill should stand-alone. When the Constitution was first drafted in 1787 it did not have the Bill of Rights in it.


This Amendment has always been considered a little bit of a mystery. Its very difficult to fully  interpretation the amendment in regard to what "non-named rights" in the Constitution are or the nature of the rights it was designed to protect. Non-named rights have never been identified.

Every year federal courts are asked to recognize new Unenumerated Rights "retained by the people," and typically, they turn to the Ninth Amendment. However, in the [i]history of law no ruling has ever been made [i]exclusively with this amendment[/i]. It has always been cited as a secondary source of fundamental liberties. When the 9th amendment has been used it has always been in  helping to establish a constitutional right to privacy.


However, the 9th amendment only is in play if not mentioned in the constitution, (this mean  both the federal and the state). Remember if it is not in the federal constitution then it is to be look for in it state constitution and if not there then the people can take up the issue. This falls under the 10th amendment  of the federal constitution: The powers [i]not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.[/i]On the issue of marriage it HAS AND IS MENTION IN full in the state constitution [/[/u]i] even long before the establishment of the Federal Constitution. Thus the use of the 9th amendment on the issue is not in play on this issue.

For instance, Massachusetts began requiring marriage licenses in 1639, around 140 years before the constitution was ever created.

Marriage has been present in the state constitution of the United states/colonies since our colonial time to our creation of the United States of American as an independent nations.  Both historically and in legal rule of precedent (the history of law) of all marriage has been in the state’s constitution, with the states having complete and final say on the matter.  [/color][/color][/color]