What is the legal basis for same-sex marriage in the United States?
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Same-sex marriage in the United States is supported by the legal basis of the Equal Protection Clause of the Fourteenth Amendment and the right to privacy . The Equal Protection Clause provides a stable legal precedent for the existence of the right to same-sex marriage, as it prohibits the government from passing the rational basis test . The right to privacy is also argued to support same-sex marriage, although it is not as strong of a legal footing as the Equal Protection Clause . The courts have played a significant role in defining and legalizing same-sex marriage, with case law and litigation being used to develop the right . The legalization of same-sex marriage in various states, such as Massachusetts, New York, and California, has further demonstrated the importance of litigation in implementing social change .
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| The legal basis for same-sex marriage in the United States is the decision of the United States Supreme Court in United States v. Windsor in 2013. | |
Open access 01 Jan 2012 | The legal basis for same-sex marriage in the United States is argued to be either the Equal Protection Clause of the Fourteenth Amendment or the right to privacy. |
| The legal basis for same-sex marriage in the United States is the Supreme Court ruling in United States v. Windsor. |
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