Is "Same Sex Marriage" a Fundamental Right?

In a unanimous 1997 decision finding that there is no constitutional right to assisted suicide (Washington v. Glucksberg), the Supreme Court articulated a clear test for the recognition of a new “fundamental right.”

First, there must be “a ‘careful description’ of the asserted fundamental liberty interest.” In this case, the “asserted” interest is not merely the “right to marry,” but the right to marry a person of the same sex.

Second, Chief Justice Rehnquist wrote, “the Due Process Clause specially protects those fundamental rights and liberties which are, objectively, ‘deeply rooted in this Nation's history and tradition.’” It is obvious that same-sex “marriage” an innovation scarcely more than a decade old, is not “deeply rooted in this Nation’s history and tradition.”

However, in a few months, we can expect at least 5 Supreme Court justices to ignore this and to legislate from the bench in an effort to impose his or her own preferred socio-political outcome.

This is not only judicial activism—it is judicial tyranny.

Our president is a tyrant who ignores our US Constitution.    Soon, the Supreme Court will be tyrants who will also ignore our US Constitution.

http://townhall.com/columnists/petersprigg/2015/02/15/judge-granade-pulls-the-pin-on-marriage-n1957227/page/full