Article [IX] The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Article [X] The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Using the 9th and/or the 10th Amendment as legal evidence, argue for or against the right of marriage for same sex couples.
Katie Moffett
ReplyDeleteIn the 10th amendment, it says that power is reserved for the people and the states. The powers not specifically for congress are granted to the states and people. Therefore, same sex marriage should be allowed in any state. The 9th amendment says that just because a right isn't listed, it may still exist. It doesn't say anywhere in the constitution that it shouldn't be legal, so we should be granted those rights according to the 9th and 10th amendments.
The 10th is also referring to the powers of the Executive and Judicial Branches. Your opinion is that same sex marriage is legal. This is one proper interpretation: be open other opinions based on the same Amendments.
ReplyDeleteWill Aldam
ReplyDeleteAccording to the 9th amendment that you cannot deny people the rights they have as citizens. One of these rights is to be married in the United States. It is unconstitutional to not allow same sex marriage because all people, if they are homosexual or heterosexual are citizens and have the same rights. State laws shouldn't be able to create laws saying otherwise because the constitution is the Supreme Law of the land and those state laws would be contradicting the 9th amendment of the constitution.
The 9th amendment states that no part of the constitution can deny a citizen of any of their rights. In no place in the constitution does it state that a marriage between two people of the same sex is illegal; therefore no person can be denied their right to marry the person of their choice and a law cannot be passed that takes away that right because it would be proven un-consitutional by the 9th amendment. The 10th amendment then states that power that is not part of vested powers of the Federal Government is given to the States or the people respectively. So if a State recognizes gay marriages as legal then they Government must also recognize the marriages as legal because it is within the State's power to make the marriages legal not the Government's.
ReplyDeleteHattie Waldron
ReplyDeleteThe 9th amendment states "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." In other words if you are not deprived a right then it is your right. There is no section in the constitution that says marrying someone of the same sex is illegal, thus it is our right as citizens of the United States of America to marry whoever we want. Article IV. Section 1 states "full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state." This means that each state must respect the privileges given to citizens in different states, consequently if same-sex marriage (a public act) is legal in one state, all other states must respect that as well.
Article 10 states: "The powers not delegated to the United States by the Constitution, nor prohibited by it, are reserved to the States respectively, or to the people." In my opinion, the power for which same sex marriage is to be invested is in the state and ultimately the people. Thus, if the majority of people in the state want same sex marriage to be legal...then it should be legal in that state. It would only be fair to people who are against it to settle this issue by a majority rule.
ReplyDeleteKimberley Henry
Bella Sinsigalli
ReplyDeleteThe 9th amendment states, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people". This means that the citizens rights are protected and cannot be denied anywhere in or by the Constitution. Marriage is a right that the constitution cannot deny any citizen. Therefore same sex marriage is legal because marriage is marriage. It does not define marriage as being only a woman and a man together. By not allowing same sex marriage, we are infringing upon the rights of citizens and their freedom to choose whom they marry.
Daniel Bernstein
ReplyDeleteThe 9th Amendement states that people's rights cannot be taken away from them, and the 10th Amendment states that any powers not given to the federal government in the Constitution shall be granted to the states. Therefore, it should be left up to individual states, and the citizens of each state, to determine whether same sex marriage should be allowed, and not the federal government.
The 9th amendment of the constitution clearly states that any citizen of the United States has certain rights that should not be denied. IT says. "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Same sex marriage is one of these issues that should not be denied. Homosexuals are just as equally a citizen of the United States as anyone else and to deny them this right is clearly unconstitutional. The 10th amendment states that the states have power when something is not in the constitution. I think that same sex marriage is something that is stated in the constitution clearly in article 9.
ReplyDeleteJared Shatkin
Nick O'Connor
ReplyDeleteSame sex couples should have the right to get married in the United States. The 10th amendment states that if a power is not given to the national government in the Constitution, than the power belongs to the State as well as people. The Constitution never states that the national government has the power to decide who people can and can not marry. Therefore, the right to decide who to marry belongs to the States and the people. This right of the people can not be denied nor can any other right. The people also have a right to "full faith and credit" stated in the Constitution. This means if a same sex couple were to marry in one state, they remain married in any other state because certifications have to be accepted throughout the United States. Same sex couples have a right to get married.
Bryan Bohaty
ReplyDeleteThe 9th amendment states that if a person is onot denied a right by the Constitution, they are entitled to that right. Nowhere in the Constitution is the right to same sex marriage denied, therefore it is a right all people have.
Robbie Fiamengo
ReplyDeletein the 9th Amendment of the constitution it states "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." this proves that people of the same sex do have the right to get married. It is a right of the people to marry who ever they are in love with and in no place in the constitution does it say they may not be the same sex.
Sam Woodcock
ReplyDeleteAccording to the constitution of the United States any law that is not directly granted to the federal powers, is given to the states and the people of those states. The rights to same sex marriages lies in the hands of the states and every citizen that resides in the state. Also, the constitution states that citizens have the right to full faith and credit, which means if a same sex couple was to marry in one state and then moved to a state where same sex marriages are illegal, then to state must accept this marriage as a legitimate marriage. Citizens of the United States should have the right to marry whomever they choose, gay or straight.
The ninth amendment to the constitution declares that any right not prohibited to you by the constitution, is therefore your right; The tenth amendment to the constitution states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people". These amendments give power to the people by giving them rights, such as the right to be able to be married to whomever, whether it is within the same sex, or not. There is no place in the constitution that forbids marriage of the same sex. Therefore, because the people are not denied this and according to the ninth and tenth amendments, they in fact do have the right to marry anyone they want.
ReplyDeleteAs the 9th Amendment states "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." This means that there are no laws banning gay marriage and there is nothing in the Constitution that says that gay marriage is illegal. Also according to this amendment gay marriage can not be denied or disparage and the government can not keep same sex couples from being together. Therefore gay marriage is Constitutionally legal.
ReplyDeleteJack O'Donoghue
DeleteEric Samuel
ReplyDeleteThe ninth and tenth amendment states that any right nor prohibited by the law or constitution will be giving to the people. In the case for this argument you should be allowed to marry same sex because it wasn't prohibited by the constitution. I think Same sex marriage should be legal if they want to.
Jack Fox
ReplyDeleteThe 9th amendment in the US Constitution states that you can't deny the rights of people and the 10th amendment states that each state has the power from the US Constitution as well as the people. I believe that same sex marriage should be allowed, people should have the right to marry and be with whoever they please.
Hayden Dunham
ReplyDeleteAccording to the 10th amendment laws not stated in the constitution are then decided by the states. Therefore the decision for same sex marriage is decided by the states. The 9th amendment states that individuals rights cannot be taken away from them. One of these rights is the right to marry whom ever one chooses. Therefore it is unconstitutional to prohibit same sex marriage.
The 10th amendment states that if the law is not prohibited by its states, rights are reserved to the state like marriage laws. Even though the state has rights to marriage laws, they should allow same-sex marriages because it could help their economy in the way there's more people living in the state and more weddings which could give people jobs. The 9th amendment states that certain rights if not prohibited is your right and retained by the people. It is insurance for individual rights but even so if the state prohibits it, then the people do not have those rights. Therefore gay marriage falls under the 10th amendment.
ReplyDeleteJoe Pezza
ReplyDeleteThe 10th amendment gives states the right to in force the constitution openly. For example same sex marriage is currently legal in only a few states. There is nothing in the constitution that says same sex marriage is illegal which makes in unconstitutional. It is morally wrong to deny the right of homogenous marriage. I believe that same sex marriage should be allowed in all states and not be open for interpretation by state governments but a uniform law throughout the country.
Will Knight
ReplyDeleteThe 9th Amendment, certian rights that are given to the people shall not be denied, but in the 10th Amendment, rights not stated in the Constitution are given to the states and the people. The states are given the power of marriage laws, and the regulations vary from state to state, this violates the "Full Faith and Credit Clause" which obligates all states to accept any leagal documentation from other states. If a domestic partnership decides to get married in a state that allows same sex marriage, how does their license of marriage not transfer from one state to another? This is clearly a violation of the "Full Faith and Credit Clause" which directly correlates with the 9th Amendment, and the right for same sex marriage should be legitimate throughout the country and not in selective states.
No where in the Constitution does it say two people of the same sex cannot legally get married, so according to Article IX, the right should not be denied to any citizen in the United States. Article X says any right not denied by a state government or the Constitution then belongs to the people. Therefore, two people of the same sex should legally be allowed to get married.
ReplyDeleteThomas Benfield
ReplyDeleteThe 9th and 10th Amendments to the Constitution protect all vested civilian powers that are not assumed by Federal or State governments. Because the Constitution does not deem same sex marriage unconstitutional, the power to create a law either for or against same sex marriage is held by the state governments. Citizens of the United States should have the right to merry whomever they please. Because our government is for the people and by the people, state laws should not restrict minorities from pursuing happiness.
Haden Cosman
ReplyDeleteSame sex marriage is one of the most controversial topics of our time. Same sex marriage while legal in several states such as: New York, Massachusetts,and California. There has not yet been a bill to pass through congress to make gay marriage legal throughout all 50 states. Same sex marriage is absolutely constitutional, as it the issue is not explicitly addressed in any part of the Constitution. The 9th amendment states that certain rights of citizens cannot be denied but the government. Also the "Full faith and credit clause" states that states must accept the laws of other states as their own so therefore if gay marriage is legal in one state, gay marriage should be legal in all states.
Tyler Behring- The 9th amendment implies that the people shall not be discriminated against and rights can not be denied. Therefore the people of the United States should have the right to choose who they would like to marry, and wherever they would like to get married.
ReplyDeleteFortenbaugh- The 9th amendment states that the congress should not try to infringe on the rights of others. The 10th amendment states that any powers that the federal government doesn't have are delegated to the states. Therefore, the states are responsible for choosing if same sex marriage is legal, and it is not a federal issue.
ReplyDeleteAmerica is perceived as a free and equal country, but if that were true then why do we not have the freedom to be with the one we love admittedly? When the constitution arose the bill of rights were created, and within that the ninth amendment was formed. It was established for the sole purpose to give the citizens of the United States the protection of their rights. This law states that anyone can ensure that his or her rights are secure unless it is stated otherwise in the constitution. There is no amendment against the same sex marriage, yet only six states have legalized it. Gay marriages are an obvious acknowledgement. Based on the constitution and their rights gay marriages should unquestionably be legal.
ReplyDeleteChris Gaynor
ReplyDeleteBy following the 9th amendment, which states that people shall not and will not be discriminated against and their rights can not be denied, it is clear that two people regardless of gender, race or ethnicity of the U.S. should have the right to part take in holy matrimony and live the rest of their lives together. Due to the two amendments, same sex marriage is not deemed as unconstitutional, giving all the power to each individual state government to make the call on whether to make same sex marriage legal or illegal. Throughout our history, we have lived with that specific "monkey on our back" which is peoples full fledged use of the first amendment. Sexism, racism and discrimination is what would make something like same sex marriage seem unconstitutional, unethical and wrong. In my opinion, all people deserve the right to be happy and be with the person that they love.
George Frick
ReplyDeleteIn the 9th Amendment states that certain rights shall not be taken or denied from citizens. Therefore right of marriage is given to all citizens, and shall not be restricted. If a state declares same-sex marriage illegal, it is unconstitutional because it is restricting the right of marriage to a group of citizens.
Connor Killian
ReplyDeleteThe 9th amendment states that citizens shall not be denied their rights in the Constitution. The 10th Amendment states that any rights not given by the Constitution but not prohibited are reserved by the people. Based on these statements, my legal opinion would be that the right to same sex marriage should be reserved for people in all States. They should not be denied the right to be with the one they want to marry.
Miles Busby
ReplyDeleteThe 9th amendment states that any right vested in the constitution
cannot be taken from citizens and people cannot be discriminated
against. If two gay "citizens" want to get married, there is nothing
in the constitution that says they can't and if a state law denies a
gay man or women the right to get married it is a contradiction to the
constitution and these people are being deprived of their right.
Mark Nordhausen
ReplyDeleteThe 9th Amendment states that no citizen shall be denied the right vest in the constitution. The 10th Amendement gives the the states power that isn't given to the federal government. so i think if states allow some to get married the national government can't denny them that right. Also the constitution gives full faith and credit for legal documents from state to another so if people marry in one state it must be recognized by another state.
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ReplyDeleteMarquis Carr
ReplyDeleteSame sex marriage has become such a touchy topic in the US today. There hasn't been a law passed for gay marriage to be legal in all 50 states because people tend to have many different views on this topic. The 9th amendment states that citizens shall not be denied their rights in the Constitution. So I believe same sex marriage is constitutional because it’s there right. The 10th amendment is the power vested in the states and the people which means the states can make there own laws that are not stated in the constitution. But I believe because of the 9th it should be legal in every state for same sex to be married.
Maisie Noesen
ReplyDeleteThe 9th Amendment to the United States Constitution states, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” In other words, citizens cannot be denied their rights by the government when it is not specifically vested in the constitution. The constitution does not state that marriage for the same sex is prohibited. Evidently, this grants the right of marriage for same sex couples.
Denying marriage for same sex couples is a direct violation of the 9th Amendment. Their constitutional rights are being denied because of prejudice towards their sexual orientation. However, the 10th Amendment provides a counter to such argument, as marriage laws are determined by the states and not the national government. Nonetheless, it is unconstitutional to deny a person of their rights vested to them in the U.S. Constitution.
ReplyDeleteAllison Bliven
ReplyDeleteWhen the constitution stated that all men are created equal, they must abide by it. Not allowing same sex marriages in America is depriving peoples right to be created equal. To say that citizens of America are not allowed the same rights as other due to their sexual orientation is an outrage, and like laws changed in the past this will be remembered in the future of how ignorant Americans were by clearly violating peoples rights that are stated so obviously in the constitution.