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.