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Austin Cline

Marriage and the Constitution

By October 23, 2004

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Same-Sex Marriage and the Constitution Recently Received: Same-Sex Marriage and the Constitution, by Evan Gerstmann. Publisher: Cambridge University Press.

Both supporters and opponents of same-sex marriage use the Constitution in their arguments. Supporters claim that same-sex marriage is protected in the same way that any marriage is and marriage was, after all, one of the first fundamental rights to be recognized by the Supreme Court. Opponents argue that marriage isn't mentioned in the Constitution at all and, therefore, there is no right for gays to marry. Who is right?

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