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Originally Posted by The Batlord
But that doesn't address the issue of whether or not the Court is stretching their interpretation of Constitutional law to an extent that they're in effect rewriting it.
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That wasn't in the points that we were discussing, but since you asked nicely:
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All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
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The LGBT community was being denied privileges that were granted to heterosexual couples, which sounds like something that the 14th amendment does not allow for. I think that's a valid justification for declaring same sex marriage bans unconstitutional.