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Politics : The Judiciary

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To: TimF who wrote (490)8/19/2010 4:13:32 PM
From: TimF   of 817
 
J.T. Wenting says:

A more interesting question would be where the constitution regulates what constitutes “marriage” at all...

If it doesn’t state what marriage is, or who it involves, it automatically neither condones nor bans any form of marriage and therefore neither condones nor bans homosexual marriage.
And as the constitution is written as a document that limits the powers of the state (rather than granting rights to its subjects) that would mean homosexual marriage is indeed constitutional (but would probably not mean that it can’t be banned at a state level).

volokh.com
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