Comments on: Is that the best you got? http://www.gaysdefendmarriage.com/2008/07/07/is-that-the-best-you-got/ A website for LGBT folks who support marriage as the union of husband and wife—and getting the gay leadership to return to more pressing LGBT issues for our community. Mon, 30 Aug 2010 20:49:24 +0000 hourly 1 http://wordpress.org/?v=3.0.1 By: Michael Ejercito http://www.gaysdefendmarriage.com/2008/07/07/is-that-the-best-you-got/#comment-1297 Michael Ejercito Tue, 08 Jul 2008 17:44:24 +0000 http://www.gaysdefendmarriage.com/?p=93#comment-1297 Patrick obviously meant that Proposition 8 was unconstitutional in relation to the U.S. Constitution; no constitutional amendment can be unconstitutional to the constitution it is amending. The right to marriage is not enumerated in the Constitution; it is an English common law right and courts have always upheld rights protected by English common law (attorney-client privilege is one such right) unless the U.S. Constitution specifically permits the infringement of such a right. Under English common law, marriage is defined as between one man and one woman. As far as the U.S. Constitution is concerned, there is no protection of the right to same-sex "marriage". Patrick obviously meant that Proposition 8 was unconstitutional in relation to the U.S. Constitution; no constitutional amendment can be unconstitutional to the constitution it is amending.

The right to marriage is not enumerated in the Constitution; it is an English common law right and courts have always upheld rights protected by English common law (attorney-client privilege is one such right) unless the U.S. Constitution specifically permits the infringement of such a right.

Under English common law, marriage is defined as between one man and one woman. As far as the U.S. Constitution is concerned, there is no protection of the right to same-sex “marriage”.

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