From
https://en.wikipedia.org/wiki/Ninth_Amendment_to_the_United_States_Constitution, the 9th Amendment:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
From
https://www.law.cornell.edu/constitution/ninth_amendment, about the 9th Amendment:
The Ninth Amendment was James Madison’s attempt to ensure that the Bill of Rights was not seen as granting to the people of the United States only the specific rights it addressed. In recent years, some have interpreted it as affirming the existence of such “unenumerated” rights outside those expressly protected by the Bill of Rights.
In other words, the people are virtually free from the laws of THE UNITED STATES OF AMERICA and the several States except if they agree to be under them, or if a jury trial can be wrangled into convicting a person as though he were under these laws.
From
https://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution, the 14thy Amendment beginning:
Section 1. 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.
Read more here
https://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution.
The 14th Amendment allowed people to bring their whole lives under U.S. law. Until that time, people were individually not within U.S. law except by and in the points of a contract contract they might have with government. After the 14th Amendment came into being, people could bring their whole lives under the laws of the States or the United States, and government could assume and presume that people were under the 14th Amendment unless the people told gov that they were not. Essentially, this is where the law went from "innocent until proven guilty" to "guilty until proven innocent.".
After the 14th amendment, the States started making marriage laws. Americans still have the right to get married outside of these laws, by contract (common law marriage). But now people can get married under the laws of the States as well.
If the marriage is done under common law, outside of the State's marriage licensing, either party of the marriage can get himself out from under States laws regarding the marriage if he works it right... even when the other party attempts to drag him/her under the State's laws.
If people get married through a State marriage license, the State controls the marriage according to the laws enacted by the State. Mostly there is freedom. But more and more the States are taking over the lives of the children born to this kind of marriage.
In America, it's yours and your partner's choice when you go into the marriage as to which way it will be for you and your partner. If you go in under common law, both marriage rape and marriage denial of sex are criminal or are not criminal. It depends on the terms of the contract. If the terms are not spelled out, it is assumed that the whole thing falls under the judgment of the marriage partners on a case by case basis... since both, sexual indulgence at times, and sexual abstinence at other times, are part of the reason for the marriage in the first place.
