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Where exactly are ‘all men created equal?’

This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

UPDATE: Some emailers have noted Judge Wright Allen may have been referring to Section One of the Constitution of Virginia which states “all men are by nature equally free and independent and have certain inherent rights.”

We have called the court to get a clarification.

RICHMOND, Va. (WTVR) – In the “Opinion and Order” section of U.S. District Judge Arenda Wright Allen’s ruling on Virginia’s amendment that defines marriage as between a man and a woman, she quotes a famous American document.

“Our Constitution declares that ‘all men’ are created equal,” Judge Allen wrote in her opinion that could lead to the legalization of same-sex marriage in Virginia.

all men created equalOpinion

But does the Constitution declare that?

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

That’s the Preamble that many Virginia students are required to memorize in grade school. But nowhere in the Preamble does it say “all men are created equal.” Nor were we able to find the phrase in any Constitutional amendment (if you find it, click here to let us know and we’ll update this post).

The historic and oft quoted line IS actually found in the Declaration of Independence.

all men created equal

I’m sure Virginia-born Thomas Jefferson would appreciate the credit where the credit is due.


  • Brittius

    Reblogged this on and commented:
    It is declared in the same place that says, any State and any cheap politician, has the right to infringe upon constitutional rights such as the Second Amendment, First Amendment, Fourth Amendment, Third Amendment, Thirteenth Amendment, Fourteenth Amendment, and permit and/or restrictions may apply to exercise said infringed rights. Hello… Wake Up… Think about this.

  • glen

    How can this judge have any credibility to determine whether or not something is Constitutional, when she cannot properly cite the Constitution? Her opinion should be tossed and her with it. I’m neither arguing for or against the issue, simply that if there is a Constitutional issue to be decided it needs to be done by a credible expert in the subject.

  • Greg

    Maybe judge Allen should have read a little more,maybe the judge would have understood that our founding fathers intent was that governments,judges and politicians worked for us,(we the people) and there job was to carry out our will, nothing more. It seams as if they missed that part in LAW SCHOOL or could it be that it is not taught anymore. Our job as citizens is to scrutinize these governments,judges and politicians,and when they do not carry out our will it is our part to throw,vote or recall them out of office,or to throw out all existing government and start over as our founding fathers did, so government would not get so big and forget who worked for who. That is how it was set up to work,but because of laziness on our part to be involved in our government and how it works we have judges deciding the WILL OF THE PEOPLE.

    • Terri

      Hey Greg: Before you post your nonsense next time….LEARN HOW TO SPELL CORRECTLY. There should be spelled THEIR. Seams should be spelled SEEMS.

      • Greg

        Terri as a student of our public education system I am sorry for my spelling,but my spelling is no excuse for your Ignorance of how our government was set up to work.You are a perfect example of why we should all have to pass a test before we can vote,maybe we would pay more attention in government class.As for my nonsense stick to correcting spelling, because it is clear you know nothing about how your government should work.All I heard was personal opinion, no facts.

  • Norma Earls

    Whaa? A bench legislator recommended by Webb and Warner, nominated by King Barry and unanimously approved by the US Senate doesn’t know the difference between the DOC and the US Constitution? I’m shocked, I tell ya, shocked.

  • Bradford Tiernan

    Another leftist Judge who couldn’t care less about what is in the Constitution (Obviously she did not read it) and makes her legal decision based purely on her PERSONAL OPINION about the subject.

    • Anne

      Yes, she misquoted that line. But the 14th Amendment states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

      The direct quote is not anywhere in the constitution, but the concept behind it most definitely is, in the amendment I just shared. But clearly that’s just my PERSONAL OPINION.

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