14 Supreme Court Cases: Marriage is a Fundamental Right

July 19, 2012

It is well-established and crystal clear that the right to marry is a central aspect of the right to liberty, privacy, association, and identity.

Fourteen times since 1888, the United States Supreme Court has stated that marriage is a fundamental right of all individuals. In these cases, the Court has reaffirmed that “freedom of personal choice in matters of marriage” is “one of the liberties protected by the Due Process Clause,” “essential to the orderly pursuit of happiness by free men,” and “sheltered by the Fourteenth Amendment against the State’s unwarranted usurpation, disregard, or disrespect.”

Here is a list of the fourteen cases, with links to the opinions and citations to the Court’s discussion of the right to marry.

Maynard v. Hill, 125 U.S. 190, 205, 211 (1888): Marriage is “the most important relation in life” and “the foundation of the family and society, without which there would be neither civilization nor progress.”

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https://www.afer.org/blog/14-supreme-court-cases-marriage-is-a-fundamental-right/