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MMLU / The state constitution in one state guaranteed the right to marry to same-sex…

Problem

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question

The state constitution in one state guaranteed the right to marry to same-sex and opposite-sex couples alike. A political group got a proposition on the ballot, and a majority of the people voted to eliminate the right of same-sex couples to marry. The proposition did not affect any of the other rights that same-sex couples may have possessed from existing state law. Persons affected sued the state government for unconstitutionally taking away the rights that they had and doing it for no legitimate purpose, in violation of the due process clause of the Fourteenth Amendment. Will the court grant the requests of the lawsuit and declare the proposition void and reinstate the rights of same-sex couples to marry?

choices

  1. Yes, under the due process clause no compelling state interest justifies denying same-sex couples the fundamental right to marry.
  2. Yes, because under the Fourth Amendment it would be an illegal interference against the right of privacy guaranteed to everyone.
  3. No, because the people voted to take a provision out of the existing constitution and when that is done by public vote it cannot be altered.
  4. No, because the ballot proposition was properly placed on the ballot and all statutory procedures were followed, thus precluding the courts from taking adverse action.

subject

professional_law

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Source and history

Official source

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