Does the Constitution already make gay marriage legal? According to the 14th Amendment, it looks like it does. This amendment was put into place so that interracial couples could marry. It does say race a few times, but it also says marriage is a basic civil right...MA is suing the US Govt for not allowing gay marriage in all states. We'll see what happens!
“Marriage is one of the “basic civil rights of man,” fundamental to our very existence and survival…. To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State’s citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discrimination. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.”
http://thenewcivilrightsmovement.com/does-the-u-s-constitution-already-make-gay-marriage-legal/legal-issues/2009/07/09/4137
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