What does the first amendment to the US Constitution have to do with same-sex marriage?

Answer 1

Ninth Amendment to the U.S. Constitution reads:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The ninth amendment implies that if the right to gay marriage is not mentioned in the constitution, that does not mean it is denied to citizens.

The implication is that since marriage is not mentioned in the Constitution (either directly or indirectly), it cannot be regulated by either the Federal or State governments, and remains an inherent natural right of the citizen.

The current legal reading of the Constitution with respect to marriage is that the 9th Amendment allows for regulation of marriage by the States, but, as of Loving v Virginia (1967), marriage is considered a fundamental right of the people, and thus, any attempts to regulate marriage by the States must pass the Strict Scrutiny test for Constitutionality. The question is whether or not restrictions on same-sex marriage can pass this Strict Scrutiny test which the 9th Amendment requires of the States.

Answer 2

The First Amendment to the US Constitution can be used to prevent religious arguments from being used to justify laws limiting civil marriage to heterosexual couples only.