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re: Would it be constitutional for a state to promote natural marriage?
Posted on 8/20/14 at 10:17 am to Haughton99
Posted on 8/20/14 at 10:17 am to Haughton99
quote:
To your question. I'm sure many states would try to pass a law like what you are suggesting but it would be quickly struck down in the courts as unconstitutional. States waste time everyday passing obviously unconstitutional laws just to pander to their constituents though.
Why would it be unconstitutional? Under the scenario I presented the state wouldn't outlaw marriage they would just incentivize one type of marriage over the other. What makes marriage so special that it cannot be legislatively parsed?
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