Core elements of marriage protected by constitutional values: Supreme Court on Day 8 of the marriage equality hearings
One of the primary arguments that the court and the parties are considering is whether the right to marry is a fundamental right. Various aspects of this right such as the right to cohabit, the right to intimate association, and the right to give recognition to all incidental forms of cohabitation have been debated so far. Today, on the issue of whether the right to marry can be placed under the Constitution, the court remarked that the core constituent elements of marriage are protected by constitutional values, and the right to marry is inclusive of the right to cohabit.