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A small point
I believe the Mass. decision was under the "no rational basis" test rather than the strict scrutiny test. So even though it was under both EP and DP, it was not asserting that gays constitute a protected class.
So, I believe this means that in Massachusetts a law baring, for example, any one tall person and any one short person from marrying, or any old person and any young person, would also have no rational basis. Essentially, the state can't prevent any two categories of people from getting married, and gays just happened to be the category in front of them.
Setting aside the fact that this was applied to gays, can anyone think of other categories that may be effected? Would anyone argue that one can enact laws prohibiting marriage between certain categories?
I can think of one set of categories that there are laws relating to (family members), but I think it has a separate and rational basis.
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