Does the fundamental right to marry obligate the state to make the institution of marriage available to same sex couples? I argue yes, it does. The right to marry is unique, composed of both negative and positive liberties. While the government has protected the privacy of same sex couples, this liberty is incomplete without affirmative recognition of the relationship in which private conduct takes place. I argue that the government violates the Due Process and Equal Protection clauses of the Fourteenth Amendment when it does not provide the liberties of privacy and recognition equally to heterosexual and same sex couples.
Deason, Claire B., "An Argument for Same Sex Marriage" (2006). Honors Projects. Paper 3.
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