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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111576
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Can a state refuse a marriage license to gay couple. is this

Customer Question

can a state refuse a marriage license to gay couple. is this this violation of their civil rights
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Actually, nowhere in the US Constitution does it discuss marriage, so it is not a civil right to get married, contrary to what the media keeps saying as they think everything under the sun is a "civil right." Now according to the US Supreme Court, same sex couples are entitled to "equal protection and treatment" and that if a state has a law recognizing gay marriage, then they cannot deny the license based on the state law. However, there is still no law saying a state has to have a law agreeing that gay marriage is legal to be performed or entered into in that state and in those states there is nothing in the constitution of the US that says that they have to issue a marriage license to a same sex couple where same sex marriage is not recognized.

Customer: replied 1 year ago.
Equal protection then is what the constitution provides?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Equal protection under the law, yes. So if a state has a law saying same sex marriage is lawful within the state, they cannot legally deny a license to a same sex couple as that would be denying them equal protection under that state's law.