This_person
Well-Known Member
In 2015, the U.S. Supreme Court ruled in the case of Obergefell v. Hodges that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution.
But, ONLY couples. States still have the right to determine age restrictions, closeness of blood relative restrictions, number people involved, etc.
This is where Ken's argument comes in that it was not constitutional, I think. For one, the constitution does not grant the right to establish marriage rules. But, if the Due Process and Equal Protection clauses say they do, then EVERY restriction on ANY relationship that seeks governmental registration as a named "marriage" would ALSO be considered.
As in, why not three? Why not five? Why not adult, consenting brother and sister? Why were these things left off?