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To: Smogger
If upheld I think it will affect all states. This judge found a new "right" in the Constitution.

To determine whether a right is fundamental under the Due Process Clause, the court inquires into whether the right is rooted “in our Nation’s history, legal traditions, and practices.” Glucksberg, 521 US at 710.

Here, because the right to marry is fundamental, the court looks to the evidence presented at trial to determine: (1) the history, tradition and practice of marriage in the United States; and (2) whether plaintiffs seek to exercise their right to marry or seek to exercise some other right.

144 posted on 08/04/2010 3:02:19 PM PDT by byteback
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To: byteback
If upheld I think it will affect all states.

Your betcha ass it will. Anyone who thinks there won't be lawsuits filed in every state within days is delusional.

149 posted on 08/04/2010 3:04:52 PM PDT by Smogger
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