The right to marry is a fundamental right; restrictions on this right are measured by strict scrutiny.

Question

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The right to marry has been recognized as a fundamental right by the Supreme Court, and any restrictions on this right must meet strict scrutiny, which is the most rigorous standard of judicial review. This is based on the legal precedent set by the Supreme Court case Loving v. Virginia, which ruled that laws prohibiting interracial marriage were unconstitutional and that the right to marry is a fundamental right protected under the Due Process Clause of the 14th Amendment. Restrictions on this right must therefore be subject to strict scrutiny, meaning they must serve a compelling state interest and be narrowly tailored to achieve that interest.

The Right to Marry Is a Fundamental Right; Restrictions on This