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"No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right."


Does this formally mean that gay marriage has been legal in the US since the 18th century, but no one noticed until recently? (half-serious question)

Congratulations to Americans and to gays worldwide for this great step forward.


Strictly speaking it means the laws against gay marriage were themselves illegal. (As with any law deemed unconstitutional.) It's a matter of word choice to say "gay marriage was always legal" versus "anti-gay marriage laws were always illegal". There's some semantic difference between the two, but I'm not sure what the difference is from a judicial standpoint.


Basically. That's how most constitutional arguments work.


That's basically correct. It's always been legal, and efforts to stop gay marriage have basically been efforts to narrow the scope of this already legal right.


"In forming a marital union, two people become something greater"

I wonder if the american constitution has the word "two" hardwired anywhere.




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