Most federal courts believe that the word “liberty” in the Due Process Clause in the Fourteenth Amendment protects same-sex marriage. The key word is “liberty.” They base their interpretation on recent Supreme Court decisions. For example, in 2003, the Supreme Court struck down a Texas law prohibiting homosexual sex because of the word “liberty.” Many of the so-called rights extended to homosexuals are based on the theory that homosexuality is a “liberty” right protected by the Fourteenth Amendment.
However, there is a serious problem with this claim. The Nineteenth Amendment suggests that the word “liberty” in the Fourteenth Amendment could not possibly refer to same-sex marriage or homosexual sex. In fact, it strongly suggests that the courts have twisted this word to conflict with its historic interpretation.
If the word “liberty” can be interpreted to include same-sex marriage, then surely it must protect other rights as well. If the word “liberty” protects same-sex marriage, then it is legitimate to ask why it hasn’t been previously interpreted to protect other rights we consider important.