Is Same-sex Marriage Protected by the Fourteenth Amendment to the U.S. Constitution? Supreme Court Justice Anthony Kennedy holds that marriage is a fundamental right, and bans on same-sex marriage are unconstitutional under the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Supreme Court Chief Justice John Roberts argues that there is no place for the Court, as unelected lawyers, to make the determination of what defines "marriage," as that is the job of the legislature and not the judiciary.
