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Gay Marriage
Quote:
Originally posted by Not Me
Loving interprets the US constitution. Hawaii's right to gay marriage is derived from their state constitution. Loving does not interpret Hawaiis state constitution.
I have never said a peep about a state constitution. We are talking about if the US constitution can be used to give gays the right to marry each other.
I think if you want to use the US constitution, you will need to make a due process/fundamental rights argument. However, when you do, you cannot come up with an argument that cannot also be used to support polygamy.
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An equal protection guarantee under the state constitution, as I recall. Please tell me, which U.S. Supreme Court decision is stare decisis as to that issue under the federal constitution?
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“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar
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