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The Supreme Court today gave voice to the U.S. Supreme Court's decision in Obergefell v. Hodges and in support of a separate case in which five U.S. states have appealed decisions in gay marriages to the High Court. For many, the ruling on Monday leaves out the question of exactly which state should issue a same-sex marriage for same-sex couples in the U.S.


A U.S. Supreme Court ruling in the Obergefell case has made gay couples legally entitled to religious exemptions from marriage rights under the Fourteenth Amendment, which extends "the freedom of religion and religion-based belief to all citizens of the United States." Fourth Amendment cases often bring the issue of federalism and individual liberty out of the way, even if the right of the state to recognize same-sex marriages does not extend to that state. See, e.g., Gomara v. City of Phoenix, 603 F.3d 936, 946–52 (10th Cir.1997), overruled by an opinion of the Court of Appeals majority in Obergefell v. Hodges: An Affront to the Due Process of the State, 533 U.S. 1149, 1154–56 (2001).

When the Court first considered the question raised in Obergefell, it took the same view that a majority of the five states in the case had the right to choose among their citizens based on religious beliefs, so even if a state cannot "properly prohibit discrimination against same-sex couples," the constitutional right of the states to make such a choice "has to include certain basic rights to the right of every person to marry a man in his own state," and "no state shall deny to any person the right, under any law of any state, to marry any man in any state." Obergefell had no such core guarantees. Because a state does not need to discriminate against gay people or couples by excluding them
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