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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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Thus is the Fourteenth Amendment to the United States Constitution, Amended July, 1868.
Note that it says privileges, not rights. Marraige is a privilege. Saying gays can't get married is analogous to saying gays can't get drivers licenses or use public bathrooms.
Therefore, I argue that the states that have banned same-sex marraige have acted in defiance of the 14th amendment, and the supreme court should overturn these laws.