State Constitutional Law: The Right of Privacy and Same-Sex Marriage

Abstract

This article traces the development, under state constitutions, of the right of privacy in regard to same-sex marriage. State constitutions are an important source of protection for individual rights and liberties, including the right of privacy. Indeed, state constitutions contain various provisions that can be used to protect the right of privacy. State constitutional conceptions of privacy independent of federal law began to emerge at a relatively early date. Taking the lead over federal courts, state court ruled that there was a fundamental right to privacy that encompassed the right to same-sex marriage. In 2003, the Supreme Court of Massachusetts became a pioneer by being the first judicial body in the nation to rule that the right of privacy secured by the state constitution encompassed a right to same-sex marriage.