Same-Sex Marriages: Are They a Constitutional Right?

There’s no denying that same-sex marriage is a hot-button issue. Even in states considered liberal in most regards, getting voter buy-in for the concept has been anything but easy for supporters.

Case in point, California’s Proposition 8, which effectively bans same-sex marriages. California voters approved this state amendment back in 2008, according to The Huffington Post. Incidentally, that’s the same year Florida voters also approved a state constitutional amendment prohibiting gay marriage.

There’s a case going before the Supreme Court soon that is meant to address the legality of Prop. 8.

The premise of the challenge is that the Constitution’s Equal Protection Clause found in the 14^th Amendment effectively prohibits states like California from defining marriage as solely a union between man and woman.

While that case hasn’t been heard yet, the Obama Administration had weighed in already.

Attorney General Eric Holder has issued a brief in the case that will go before the court in March. He says the Justice Department issued an opinion on the case to “vindicate the defining constitutional ideal" of equal treatment under the law, the Post reported.

"Throughout history, we have seen the unjust consequences of decisions and policies rooted in discrimination," Holder is quoted as saying. "The issues before the Supreme Court in this case and the Defense of Marriage Act case are not just important to the tens of thousands Americans who are being denied equal benefits and rights under our laws, but to our Nation as a whole.”

Here’s what we’d like your take on Tampa Bay: Do you agree with Holder? By denying same-sex marriage are states like Florida and California denying equal protection? Share your thoughts in the comments section.