Should States Be Required To License Same-Sex Marriages?

The Equal Protection Clause of the Fourteenth Amendment provides: “No State shall … deny to any person within its jurisdiction the equal protection of the laws.” And now, the Supreme Court is poised to answer the question of whether this clause requires States to license marriages between two people of the same sex. Does the Equal Protection Clause require States to license same-sex marriages, or will marriage be defined as between a man and a woman?

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