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EmperorNapoleon
Guest
Actually it cannot be changed to accommodate any situation. The State is required to provide a Constitutional reason for discriminating in the application of civil rights and, just to nip the matter in the bud, marriage is a civil right as defined by the Supreme Court. If such a reason exists to prohibit gay marriage then they will have the opportunity to present it for the Supreme Court’s consideration as they have, for example, in the case of polygamy. If not, then the Supreme Court will strike such prohibitions down in whatever scope they see fit.That argument can be changed to accommodate any people. As was written previously, states prohibts all the above from being able to marry and there have been no successful court challenges to change this prohibition so ‘equality’ is not an argument that has persuaded the court before
From my understanding of the President’s brief; his argument is limited to the States which provide the same benefits, rights, and privileges to homosexual couples as heterosexual couples but do not allow them to marry. In essence, he is asserting (correctly) that these States have created a separate but equal status and that such institutionalized discrimination is unconstitutional. I suspect that the Supreme Court will try to limit its decision to either California or the limited number of States referenced in the President’s brief.