Running head: WHY THE CONSTITUTIONAL RIGHT TO MARRY IS AN UPPER TIER RIGHT Why the Constitutional Right to Marry is an Upper Tier Right Name University Date Why the Constitutional Right to Marry is an Upper Tier Right A fundamental right is a privilege that is accorded to all human beings according to the law of the land. In the United States of America fundamental laws are featured within the constitution, according to the U.S Declaration of Independence, every human being has been given the right to life, freewill and the right to seek self fulfillment by the creator Himself. The right to equal protection and the right to marry are observed by Federal law as Fundamental or Upper Tier rights for all individuals. This paper will discuss why the constitutional right to marry is an upper tier right. Through analyzing the following three cases, it will be possible for us to understand why the constitutional right to marry is a fundamental right: Loving vs. Virginia, Bowers vs. Hardwick and Lawrence vs. Texas. In June of 1958, two citizens of Virginia, Richard Loving, a white man and Mildred Jeter, a Negro woman got married in the District of Colombia. On October of the same year, a grand jury issued a denunciation that charged the Lovings for violation of Virginia`s law on interracial marriages. The Lovings pleaded guilty on January 6, 1959 after which th...