scatt
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Re: Federal judge strikes down Utah’s ban on same-sex marriage
But not gay marriage.
And SCOTUS has already addressed marriage, and the right to that as well. However, just as SCOTUS has not addressed whether denying the right to marriage to same-sex couples is constitutional, it has also not addressed whether denying the right to life to women with blonde hair is constitutional. Thus, by your own argument, if such a law were passed women with blonde hair do not have a right to live, and only when the court says the law is unconstitutional do they gain such a right.
Rights exist before SCOTUS affirms their existence. If you deny such, you get absurd results. That is the piece of the puzzle you are missing.
But not gay marriage.