Wednesday’s Supreme Court rulings on marriage, while hardly unexpected by most traditional marriage advocates, have nonetheless left social conservatives disappointed. For supporters of traditional marriage, the saving grace of the rulings was that they did not apply to the 35 states with definition of marriage laws or constitutional amendments.
That situation is likely to change. If, as Justice Kennedy wrote in United States v. Windsor, a traditional marriage definition “violates basic due process and equal protection principles” then it is likely that future Supreme Court rulings will invalidate the right of the states to keep marriage between a man and a woman. This may come through a direct challenge to a state constitutional marriage amendment or through the Constitution’s Full Faith and Credit Clause, which requires that states respect “the public acts, records, and judicial proceedings of every other state.” Barring a change in the balance of the Court, it is likely that the justices will continue to chip away at traditional marriage.
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