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Originally Posted by ARTelevision
I'm not interested in marriage of any kind. However, the fact is that the courts will override states' rights on this one. That is the reason the Constitutional process is being proposed.
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The states have no right to violate the US constitution. As I read it, the equal protection clause in the constitution doesn't allow states to deny simple common law rights to same sex couples, hence the "need" for a constitutional amendment. Even now, as gay marriage has become a major issue, the US Congress has rejected such an amendment. If I was a betting man, I'd bet that no such amendment will ever pass.
http://www.law.cornell.edu/topics/equal_protection.html