antagon
The Man
- Dec 6, 2009
- 3,572
- 295
- 48
loving v. VA went as far as race. hernandez v. robles pulls the brakes short of calling marriage definitions maliciously discriminatory at all.Does she believe there's a federal Constitutional right to marriage at all?
Of course she does not. No one with her legal training does.
Marriage is a state's issue.
So then a state can either have a legal contract called 'marriage' or not.
Now the matter becomes one of discrimination in issuing and recognizing that contract based on race, gender, etc. SCOTUS already established precedent by specifically addressing such discrimination in Loving v. Virginia.