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Is gay marriage protected by the constitution (in the opinion of a lawyer)? Why or why not?
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As an attorney, the only correct way to answer this question is with two questions: do you want it to be, and do you have enough for a retainer?
If you really want an answer, and I assume you mean the federal constitution, the only one I can give you is that I don't know yet. The Supreme Court has not yet ruled on this matter. Anything I say would be conjecture and/or nonsense.
Several state courts, including recently New York, have found gay marriage to be protected under state constitutions. I have no idea what will happen when or if the Supreme Court rules in this matter.
http://writ.news.findlaw.com/grossman/20050208.html
This topic is probably better suited to Politics or Living forum.