When they were writing the Constitution, the Founding Fathers, in their wisdom, knew that they would not be able to list every single inalienable human right. So to ensure that all of their bases were covered, they wrote the Ninth Amendment, which states that "there are other rights that may exist aside from the ones explicitly mentioned [within the Bill of Rights], and even though [those rights] are not listed, it does not mean they can be violated." One of those rights includes the right to marry—and yes, even among consenting adults of the same sex, as the Supreme Court ruled earlier this year.
Of course, one main objection to this amendment and interpretation would be that the concept of a “human right” is so diverse and vague that anything could be considered a right, including education, healthcare, or even the right not to be offended (which one university seems to think exists).
So how can we tell when something is a “right” or not? Allow the ever erudite and honorable Judge Andrew Napolitano to explain: