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Constitutional interpretations for gay marriage

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Hodges is a significant setback for all Americans who believe in the Constitution, the rule of law, democratic self-government, and marriage as the union of a man and a woman. Nothing in the Constitution justified the redefinition of marriage by judges. The Court simply imposed its judgment about a policy matter that the Constitution left to the American people and their elected representatives. In doing so, it got marriage and the Constitution wrong, just as it had gotten abortion and the Constitution wrong in Roe v. The question before the Supreme Court in Obergefell was not whether a male-female marriage policy is the best or whether government-recognized same-sex marriage is better, but only whether anything in the Constitution specifically took away the power of the people to choose their marriage policy. Our Constitution is itself silent on what marriage is; We the People retain the authority to make marriage policy.
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Same-Sex Marriage Is Not a Fundamental Constitutional Right

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Supreme Court Rules Same-Sex Marriage Is A Constitutional Right

The provisions of Chapter 2 on Marriage of Part IV on Family of the Civil Code do not allow two persons of the same sex to create a permanent union of intimate and exclusive nature for the purpose of living a common life. The authorities concerned shall amend or enact the laws as appropriate, in accordance with the ruling of this Interpretation, within two years from the announcement of this Interpretation. It is within the discretion of the authorities concerned to determine the formality for achieving the equal protection of the freedom of marriage. If the authorities concerned fail to amend or enact the laws as appropriate within the said two years, two persons of the same sex who intend to create the said permanent union shall be allowed to have their marriage registration effectuated at the authorities in charge of household registration, by submitting a written document signed by two or more witnesses in accordance with the said Marriage Chapter. One of the petitioners, the Taipei City Government, is the competent authority of household registration prescribed by Article 2 of the Household Registration Act.
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Same-sex marriage in Taiwan

Legal Backgrounder. As the California and Iowa rulings suggest, while the gay marriage controversy has many elements, including disagreements over religious and social norms, much of the debate is a legal one. Indeed, it was a Massachusetts high court decision legalizing same-sex marriage that elevated the issue onto the national stage, where it has remained ever since. Since , courts in a number of states have handed victories to both opponents and supporters of gay marriage.
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What limitations does the Constitution place on ability of states to treat people differently because of their sexual orientation? The Court first considered the matter in the case of Bowers v Hardwick , a challenge to a Georgia law authorizing criminal penalties for persons found guilty of sodomy. Although the Georgia law applied both to heterosexual and homosexual sodomy, the Supreme Court chose to consider only the constitutionality of applying the law to homosexual sodomy. Michael Hardwick, who sought to enjoin enforcement of the Georgia law, had been charged with sodomy after a police officer discovered him in bed with another man. Charges were later dropped.
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