The Ninth Amendment to the United States Constitution

“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

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4 thoughts on “The Ninth Amendment to the United States Constitution”

  1. how exactly are your rights being denied under the constitution. Can you form a sincerely held religious belief that wouldn’t be taken as discrimination if it were lobbed at any other group?

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  2. well yes, given the time you are posting this i think it has something to do with gay marriage. And every time the ninth amendment argument is used on the internet it is used because the poster thinks some right has been stolen by the state. but what has really changed since the decision, have any of the bad things people predicted came to pass? No but millions of people are now entitled to the legal rights and responsibilities they were previously denied. as for the people who don’t agree with gay marriage, they don’t have to have one, and they don’t have to officiate one. So what’s the issue?

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  3. I probably should have been clearer in my original post, instead of simply quoting the text of the 9th Amendment.

    I actually support the rights of gay people to marry, and I was very happy with the recent Supreme Court ruling. I would suggest that the Ninth Amendment should support marriage equality. The words “gay marriage” do not appear in the Bill of Rights, but you and I can easily conclude the Ninth Amendment could protect their right to marry. I believe that such a right is fair and reasonable, if heterosexuals are allowed to marry. (And, as you correctly point out above, their newly protected rights do not interfere in my rights in any way.)

    I am unaware of anyone employing the Ninth Amendment to argue against marriage equality.

    I also feel that the First Amendment should guarantee marriage equality, but that’s a separate issue. The Ninth popped up in an online discussion with a friend.

    So, I suspect you and I agree on the issue?

    But this post was actually about more than marriage equality. I opine that the Ninth Amendment can also protect other rights not explicitly mentioned in the Bill of Rights, such as privacy, or the right to abstain from religious (or “spiritual”) activity.

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