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Reply #29: No, that isn't what was decided there [View All]

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sandnsea Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 02:24 AM
Response to Reply #27
29. No, that isn't what was decided there
Loving says that a right granted by a state to one individual, has to be granted to all. Due process and full faith and credit. A state could have responded by eliminating marriage altogether and that would have withstood the constitutional question. There is no right to marriage in the constitution.

She doesn't directly address any of the gay marriage issues that will come before the court at some point in time. They won't be decided by finding a right to marriage in the constitution. They will be decided either with federal law changed or by someone bringing an air tight case to SCOTUS. When someone does, I would bet my last dollar that Elena Kagan will be supportive and write the decision.
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