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Joined 2 years ago
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Cake day: July 6th, 2023

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  • If they can invent presidential immunity despite there being absolutely nothing in the constitution to justify it, I’m sure they have no problem writing an opinion that allows bans on gay marriage.

    My best guess would be that they would frame it as being about the right of the states to regulate marriage. If the state can decide how many people can be in a marriage, how old you have to be to marry, how closely related you can be and still marry, the requirements for starting or ending a marriage, and so on, then what’s one more criteria? Add some tangents about the history of marriage in the US, some comments about how government is involved in marriage specifically because of how it connects to issues relating to reproduction, cite some cases from the 19th century, and twist some more recent precedent to reverse its meaning so that you can pretend to be following existing case law and you have a pretty standard ruling for this court.