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In reply to the discussion: Pakistan woman stoned to death by family for marrying man she loved [View all]whopis01
(3,938 posts)First it is important to acknowledge that only one section of this law was "struck down". The portion that allows states to refuse to allow same sex marriage is still the law of the land.
Second, the portion that was struck down was not done so under the 14th amendment. It certainly seems that the equal protection clause should apply, but that is not what the Supreme Court decided. It was found to violate the 5th amendment's due process clause.
So can you say, but it was still found unconstitutional? Yes - but let's examine the details. Because the details are important. The Supreme Court did NOT decide that equal protection applied in this case. They decided that if a state grants someone a marriage, the federal government can not refuse to recognize that marriage. However, states are free to deny same sex marriage to their residents.
So in the end they granted little if no protection from the constitution. They merely said that the federal government isn't going to step into this - it is up to each state to decide and the federal government will honor the states' decisions. Whether that decision is in favor or against same sex marriage.