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<< Changing the Constitution | Blog Home | Scott Walker to Brody File: Jeb Bush Is Frontrunner >>

Marco Rubio to Brody File: There Is No Constitutional Right to Gay Marriage


In a one-on-one interview with The Brody File in Des Moines, Iowa, this weekend, GOP presidential candidate Marco Rubio says there is NO constitutional right to gay marriage.

"It doesn’t exist. There is no federal constitutional right to same sex marriage. There isn't such a right. You have to have a ridiculous reading of the U.S. Constitution to reach the conclusion that people have a right to marry someone of the same sex."

The Brody File has a front row seat to this GOP Primary as we get exclusive interviews and behind-the-scenes access with the presidential campaigns.

Watch the clip below along with a partial transcription.

MANDATORY VIDEO AND PRINT COURTESY: CBN NEWS/THE BRODY FILE

David Brody: Marriage in the Supreme Court, a big case coming this week to be argued. Where are you on this whole idea of a constitutional right that many people think…

Marco Rubio: It doesn’t exist. There is no federal constitutional right to same sex marriage. There isn't such a right. You have to have a ridiculous reading of the U.S. Constitution to reach the conclusion that people have a right to marry someone of the same sex. There is no such constitutional right. Can a state decide to change their laws? Yes, but only through the political process…

They (advocates of same sex marriage) want to stigmatize, they want to ostracize anyone who disagrees with them as haters. It's very simple. This is not a policy against anyone. I believe, as do a significant percentage of Americans, that the institution of marriage, an institution that existed before government, that existed before laws, that institution should remain in our laws recognized as the union of one man and one woman.

Print     Email to a Friend    posted on Sunday, April 26, 2015 1:35 PM



Comments on this post

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

I'm not in favor of same sex marriage, but there is clearly constitutional support in Article 1 of the 14th Ammendment. I don't agree that it takes a ridiculous reading of the constitution to see the marriage right as an equal protection issue.

It might take a ridiculous reading of the Bible, but not the Constitution.
Left by PatrickJ on Apr 26, 2015 2:07 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

The US Constitution does not guarantee rights to its citizens. Rather, it specifies restrictions on the Government. Your rights are granted by God. Rubio is looking for something that cannot exist. That's not the way our Constitution works.
Left by Not a Constitutional Lawyer on Apr 26, 2015 2:44 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

Regardless if this is "constitutional" or not, the fact that gays in America can now get married is no surprise, considering that this has been the obama plan since at least 2011 - https://www.youtube.com/watch?v=cdJ39_moa8c
Left by Jason on Apr 26, 2015 2:50 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

Finally a politician with some courage to speak the truth. Nothing against gays or polygamists, but there's nothing in the constitution which protects either practice. Sexual preference is generally not an area the founding fathers thought was the place of government... or such extensive public discourse.
Left by Jawright on Apr 26, 2015 5:17 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

For anyone who thinks that the authors and supporters of the 14th Amendment (which was passed in 1868!) meant for that amendment to ever apply to gay marriage, I have some swampland in Florida I'd love to sell you.

Talk about profound absurdity....or perhaps deep cynicism.
Left by Joe Smith on Apr 26, 2015 6:51 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

There is no good reason for government to be involved in "marriage". For tax purposes, civil unions will work just fine. Leave marriage to the churches etc.
Left by teapartyguardian on Apr 26, 2015 7:24 PM

# Christophobic Heterophobes...

...can vote for Lindsey Graham.
Left by Truth Detector on Apr 26, 2015 8:19 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

Christophobic heterophobic Republicans have Lindsey Graham.
Left by Truth Detector on Apr 26, 2015 8:23 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

All supreme court members will have to answer to GOD. His word is spoken in the Bible...one man and one woman. If the supreme court does not obey GOD's word they will each face the fate of HIS will. It is not about politics but the will of GOD! Our very foundation of our Constitution and Country was based on the words of GOD...not man. Do we dare challenge GOD's HOLY word? The Supreme court can not dicate to each state as to what the state wants it is the power of the people; not 9 members of the Supreme court. GOD WILL ALWAYS WIN IN THE END; FOR THE DECENCY OF MANKIND.
Left by davy cross on Apr 26, 2015 8:41 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

I agree with Rubio. People point to the constitution article 1, 14th Amendment equal protection clause to justify gay marriage. Marriage is not even a federal issue. Equal protection has to do with all things being equal. FYI 2 men is not the same or equal to 1 man and 1 women. the state has a compelling interest in the nuclear family producing off spring. Activist judges need to knock it off. The constitution does not cover gay marriage.
Left by bobnews on Apr 26, 2015 9:04 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

Perhaps Mr. Rubio should read the constitution (or have someone read it to him if that's too hard). There IS a constitutional right to gay marriage spelled out in plain language.

Marriage is a contract. The constitution guarantees the sanctity of contracts and the right to enter into them.
Left by Andrei Bilderburger on Apr 26, 2015 9:26 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

Why, oh why, do we continue to use the term 'gay'? It is not 'gay' marriage, it is 'queer' marriage or 'freak' marriage or 'mentally unstable' marriage. Any male who gets off by orally enjoying another man's butt, is by any standard not all 'there'. Lesbians, on the other hand, are completely understandable.
Left by jlindseyx on Apr 26, 2015 10:09 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

This has nothing to do with sex and marriage. It has to do with the 14th amendment. If you are to receive ANY benefit via government from marriage, then a citizen should be able to choose another citizen to share in that benefit. Period. God does not matter. There is a separation of church and state as well as religious freedom in the constitution as well. Rubio will not win and does not intend to win. Congress went Republican because of immigration and Rubio was for most provisions. Focusing on gay issues also alienates many voters. He is catering to an ultra conservative base many of which will vote elsewhere simply because of immigration. His only interest is to wet his feet, write a book, fame, or to further his congressional power.
Left by Truth Be Told on Apr 26, 2015 11:13 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

For anyone who thinks that the authors and supporters of the 14th Amendment (which was passed in 1868!) meant for that amendment to ever apply to gay marriage, I have some swampland in Florida I'd love to sell you.

Talk about profound absurdity....or perhaps deep cynicism.
Left by Joe Smith on Apr 26, 2015 11:33 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

Maybe we should run an eligible candidate like Keyes instead of Rubio, Jindal or Cruz... Of course why should a silly thing like Constitutional integrity matter ? Obama was ineligible, but 2 wrongs don't make a right even if I generally agree with the political positions of those in question. Most of them just aquiesce to the left anyway once they're in.
Left by Homonauseous on Apr 27, 2015 4:13 AM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

Rubio must not understand the idea of our constitutional government, he hasn't read it, or he's incredibly stupid.

The Constitution did not limit our rights. It limited the powers of the federal government until SCOTUS began re-writing it with their unconstitutional decisions contrary to the intent of the Founders. Our rights are innumerable and the Ninth Amendment guarantees this. The government's powers used to be narrow and defined in the Enumerated Powers clause, and then the corrupt justices of SCOTUS began re-writing it.

Rubio can't be this stupid, unless he's pandering to a narrow sect of Christian Republican voters.
Left by ronb28135 on Apr 27, 2015 6:52 AM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

Marriage is a standard set by the state. This is why states issue marriage licenses, state courts do divorces and why some states allow marriage at 14 others 16 or 18. Gays have equated a standard as being discrimination, therefore any standard would be discrimination and marital anarchy is what they advocate. The fact is gays dont mind discriminating so long as the bar for marriage is lowered so they can get over it.

Are we to no allow inter-family, gay polygamy or polygamist marriages? Are they not "discriminated" against too? Again, this is where gays dont mind discriminating against those peoples "loving relationships"...
Left by ksdad on Apr 27, 2015 7:59 AM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

How can the 14th amendment be invoked when nobody is born gay? There is no scientific proof this is the case. I recently saw in UK Guardian that scientists now think biology can only influence 40% of a person's likelihood of becoming gay with environment and other factors constituting the other 60% (and that's assuming you accept these inconclusive studies).

I think we, as a society, have let politeness and overreaction to previous eras dictate this debate which is sad when it's predicated on what is clearly unfounded assumptions (that anyone is born gay).

14 Amendment holds no bearing because anybody can marry anyone else of the opposite sex.

When the dust clears on this debate of science and the causes of homosexuality one day, it will be too late because judges would have already declared gay marriage to have been legal long ago. Then what will they say, "whoops, guess we were wrong"?.

Harry Reid school of politics?
Left by Cullen Kehoe on Apr 27, 2015 9:01 AM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

There was a comment here that says your rights come from God. It is thinking like this that scares me to death. it's almost impossible to know where to begin. Which god? whose god? Mohammad? Are you cool with Sharia law governing our laws? or do you have a particular god in mind? did god tell you these rights? are you pulling this from the Bible? a book written by men? do you have any idea how crazy you sound? please don't procreate. Your are getting lapped my the march of progress. just step aside and join those who objected to interracial marriage 50-60 years ago. you are using the exact same arguments.
Left by Dream Out Loud on Apr 27, 2015 9:52 AM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

Marriage is a religious institute, not a government right. Find the word marriage in the constitution. Government should not be in the marriage business. It would take a major overhaul of all out laws since the Constitution was written, in particular our tax laws. The Federal Government needs to back off, and get out of the way.
Left by hburg1222 on Apr 27, 2015 10:50 AM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

I had my mind changed for me about gay marriage.

I was telling a friend that I did not agree with it. Not that I don't think gays should have all the same rights, but that I don't think they should be able to call it "marriage".

My friend responded that I was "just getting hung up on the word". So I thought about it for a minute, and responded, "You know what? You're right nigger".
Left by Relapse on Apr 27, 2015 10:58 AM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

Truth be Told - you said,
"There is a separation of church and state as well as religious freedom in the constitution as well."

Just so we're clear. You're wrong. There is no separation clause in the Constitution.
Left by Relapse on Apr 27, 2015 11:04 AM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

It should come as no surprise that the world desires to change what God has instituted. “The mind governed by the flesh is hostile to God; it does not submit to God’s law, nor can it do so” (Romans 8:7). Though the world is attempting to provide their own definitions for what they call “marriage,” the Bible still stands. The clear definition of marriage is the union of one man and one woman for life.
Left by Randolph Harris on Apr 27, 2015 1:23 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

Marriage was not a federal issue until some states decided ti make it one. As went Loving vs. Virginia will go the current marriage equality cases. But no churches or ministers will have to perform or recognize them. Thank God for Separation of Church and State.
Left by CantTouchThis! on Apr 27, 2015 1:38 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

well said marco Rubio, well said. you express things so clearly and accurately. I thank God for your courage and your boldness.
Left by micky on Apr 27, 2015 1:40 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

he has my vote.Homosexuals are criminals
Left by christian on Apr 27, 2015 1:49 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

There is no federal constitutional right to OPPOSITE-SEX marriage, either. It doesn’t exist. The word "marriage" does not occur in the Constitution. But unless the Constitution only applies to people who are Straight (i.e. heterosexual), there is no justification for denying law-abiding Gay couples the same legal benefits and opportunities that Strraight couples have always taken for granted.
Left by Chuck Anziulewicz on Apr 27, 2015 2:40 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

Our great Country called America is sick and suffering from internal failures. Our founding fathers wrote our Constitution and the Bill of Rights for the protection of all citizens in America, In God we trust has been the foundation of our country for over 200 years. How many of our American citizens fighting in America civil wars and foreign countries that we're dying, who didn't cry out to God for forgiveness in there final moments of life? I've always said show me an atheist in a foxhole as the bombs are falling overhead. Here are the facts: No more prayers in schools allowed. Abortion is legalized and millions of babies executed. Bibles in the courtroom no longer used. Phrases like,I confirm is used instead of so help you God. Marriage between one man and one woman no longer legal in the eyes of a lot of Americans who have as they say come out of the closet. I do agree, 2 men or 2 women having sex can create a baby , should have the right to get married...
Left by glesty waters on Apr 27, 2015 2:44 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

Courage, Godly Morals, Boldness, Honest, Believable, Unashamed! TRUE LEADERSHIP QUALITIES! WHAT A REAL PRESIDENT SHOULD LOOK LIKE!!!! MARK RUBIO FOR PRESIDENT!!!
Left by Twolf1 on Apr 27, 2015 2:46 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

bottom line- if Gays are permitted to change the constitution and promote their evil agenda in America it doesn't change our beliefs. we will still believe in Jesus and we will stand up and disagree with this evil practice. I agree with other posts- we believe in GOD's laws not mans laws. I also believe the states are not going to let the government dictate what they believe marriage is or is not. civil unions cover any of the needs Gays may need, if they don't then change it to fit them. marriage is between a man and a women-GOD set it up this way in the beginning in the book of Genesis. they are confusing and hurting our youth by their evil message. but, mark my words it is only going to get worse and when it does, it will be too late to change things. you can close your eyes to it, but it is not going away now. may GOD bless America and help us to not be blinded to this evil peoples agenda. if they don't change their ways, then it is the Lake of Fire judgment for them.
Left by thelordbewithus on Apr 27, 2015 3:42 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

Anyone who stigamtize/ostracize marriage made for one man and one woman Hates God!
Left by Susan on Apr 27, 2015 4:55 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

Rubio is correct. There is no reference to marriage at all. The Federal Government needs to stay out of State issues. Marriage, Education, Healthcare etc. Let each state decide how to handle these issues. The Federal Government was designed to keep us safe from the enemy and for infrastructure. Leave all other issues up to each state.
Left by RHfaith on Apr 27, 2015 5:23 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

Most important is that it is against God's highest Laws-Romans 1. Jesus Christ saves, forgives and sets free of Sexual Sins. He did create them Male and Female for a purpose, but We passed Proposition 8 in California, and look what happened. I fear for anyone who changes marriage to anything like Polygamy, Bestiality, Homosexuality, etc. Praying for this and HOPING that our Supreme Court doesn't get turned over to this Evil Decision and approve it! May the Holy Spirit open up their understanding real quick!
Left by The Bride of Christ on Apr 27, 2015 6:12 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

For anyone who thinks that the authors and supporters of the 14th Amendment (which was passed in 1868!) meant for that amendment to ever apply to gay marriage, I have some swampland in Florida I'd love to sell you.

Talk about profound absurdity....or perhaps deep cynicism.
Left by Joe Smith on Apr 27, 2015 8:18 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

Most young evangelicals and young Republicans support same-sex marriage. Oh what is the GOP to do?
Left by Will on Apr 27, 2015 8:45 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

I pity anyone that says God doesn't matter(He matters in any and everything) when he created a man and a woman and you. And you just left him out and that my friends is Ignorant and dangerous. People think if it feels good do it, and they have left God out. But it will be found out on judgement day. But of course it will be too late. No one should have any say so but God. The answer is in the Bible, read it.
Left by L.J. on Apr 27, 2015 11:36 PM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

For anyone who thinks that the authors and supporters of the 14th Amendment (which was passed in 1868!) meant for that amendment to ever apply to gay marriage, I have some swampland in Florida I'd love to sell you.

Talk about profound absurdity....or perhaps deep cynicism.
Left by Joe Smith on Apr 28, 2015 3:20 AM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

A marriage is not a contract, it's a covenant! In fact, it's the highest form of covenant. It's a blood covenant. I understand why certain people refer to it as a contract, because contracts can be broken for any reason. A covenant however, sealed by blood & established by God Almighty is never to be broken, for any reason. People can change the constitution, redefine marriage all they want, but it really won't change a thing with God or His people. We as Christians will never accept same sex marriage regardless of what the Supreme Court or anyone else says. It doesn't matter the consequences.....
Left by Endtimeready on Apr 28, 2015 6:27 AM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

Thank you Mr. Rubio for standing up to what is right in God's eyes and not in the eyes of the people who want whatever their "tickled" ears feel like they want. I hope you are our next President. I pray God's strength and wisdom over you in your endeavors to help change our country.
Left by debra1 on Apr 28, 2015 8:24 AM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

The 14th Amendment does not even mention marriage of any kind. So, any comment that it guarantees a 'right' to homosexual marriage is simply someone's interpretation.

The 14th Amendment says: "Section. 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Left by UCFan79 on Apr 28, 2015 9:04 AM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

For anyone who thinks that the authors and supporters of the 14th Amendment (which was passed in 1868!) meant for that amendment to ever apply to gay marriage, I have some swampland in Florida I'd love to sell you.

Talk about profound absurdity....or perhaps deep cynicism.
Left by Joe Smith on Apr 29, 2015 1:40 AM

# RE: Marco Rubio To Brody File: There Is No Constitutional Right To Gay Marriage

He is the only good candidate for president .
Left by John on Apr 30, 2015 4:52 PM