[tahiti]

"...the Tenth Amendment, which leaves the question of racial segregation to the states."

I would say that the 14th amendment has rendered the 10th amendment superfluous, which was probably an unintended consequence by the authors of the amendment and the "yea" voters for the amendment.

Under the principle of K.I.S.S. (keep is simple, stupid) and the presumption of liberty, the "right" to marry the human of your choice, regardless of gender, emanates from the 9th Amendment.

Mr. Sobran writes, "Which brings us to same-sex marriage. Nobody ever heard of it until ten years ago..."

I think it was more a matter of no one had the courage or the intestinal fortitude to withstand the ridicule and personal attacks that will and have surfaced, just to exert a right, "...retained by the people."

[FormerLib]

...the "right" to marry the human of your choice, regardless of gender, emanates from the 9th Amendment.

Nope, just read it and there's no mention of it. Of course, homosexuals can marry any member of the opposite sex with is above the age of consent, able to give legal consent, and is not a family member just like anyone else. Ergo, no discrimination (not that there's anything wrong with moral discrimination, mind you).

[gedeon3]

'just to exert a right, "...retained by the people."

Bull s**t.