The Derp
Gold Member
- Apr 12, 2017
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- #121
So what federal law defines marriage? And where in the constitution is the federal government given power to regulate marriage licenses?
Justice Kennedy said "no union is more profound than marriage" and that the due process clause of the 14th Amendment extends to "certain personal choices central to individual dignity and autonomy, including intimate choices that define personal identity and beliefs." He also said the same amendment's equal protection clause "prohibits this unjustified infringement of the fundamental right to marry," noting the court's 1967 ruling in Loving v. Virginia – which invalidated prohibitions on interracial marriage – contained a similar finding.
So the 14th Amendment is what permits gay marriage.