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Ken Blackwell: Marriage and the Constitution

By Alliance Alert

Ken Blackwell and Ken Klukowski writing at Townhall: "Although not explicitly mentioned in the Constitution, marriage is an implied fundamental right. The test for whether a right is a fundamental right is whether it is rooted in the history and tradition of the American people, and essential to an Anglo-American scheme of ordered liberty . . . The problem for the district court is that same-sex marriage shares the same problem as all those others when it comes to the constitutional test: None of them are found in the history and tradition of the American people. And none of those types of marriage have been found essential to an American concept of liberty. Therefore none of them are part of the fundamental right of marriage."

Full post as published by Constitutionally Correct on August 06, 2010 (boomark / email).