Opposition to same-sex marriage is strong and vocal, while support for same sex marriage is equally strong and vocal. An understanding of constitutional arguments will be helpful in determining whether or not federal or state government should have the right too define marriage. The overturn of a statute prohibiting homosexual sodomy, in Lawrence vs. Texas, opened the constitutional debate over same sex marriage in the United States. Lawrence vs. Texas, however, left prohibitions on same-sex marriage. At the same time, Lawrence vs. Texas may "the door wide to challenges of the same-sex ban on due process and equal protection grounds" (Thomas, 2003). In time, suggests Thomas (2003), arguments of due process and equal protection will likely make their way to the Supreme Court.

Given this eventuality, opponents of same-sex marriage are proposing a constitutional amendment to limit marriage to same sex couples (Thomas, 2003). Gerstmann (2004) argues that such an amendment violates the...

Overall, however, Gerstmann (2004) finds most constitutional arguments for and against same sex marriage lacking.
References

Gerstmann, Evan. 2004. SAME-SEX MARRIAGE and the CONSTITUTION. New York: Cambridge University Press.

Thomas, George. 2003. Law & Politics Book Review, Vol. 13 No. 12 (December 2003). http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/Gerstmann1203.htm

U.S. Department of State. DEMOCRATIC GOVERNMENT. http://usinfo.state.gov/products/pubs/whatsdem/whatdm7.htm

Microsoft® Encarta® Online Encyclopedia. 2008. Checks and Balances http://encarta.msn.com/encyclopedia_761585772/Checks_and_Balances.html

The White House. 2004. President Outlines Steps to Help Iraq Achieve Democracy and Freedom. Remarks by the President on Iraq and the War on Terror. Office of the Press Secretary, May 24, 2004. www.whitehouse.gov/news/releases/2004/05/20040524-10.html