The Strange Intersection between Law, Religion, and Government in the Regulation of Marriage

Abstract

Over time, the Supreme Court has made clear its belief that marriage is one of the most significant and fundamental rights provided protection under the Constitution. State regulation of marriage is limited to those "reasonable regulations that do not significantly interfere with decisions to enter into the marital relationship." This article examines what compelling interests remain, which a state might legitimately offer in defending with a state of marriage act or a constitutional amendment banning same-sex marriage against a constitutional challenge.

Keywords: Family, Marriage, Regulation of Marriage, Same-Sex Marriage

JEL Classification: K10