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Constitutional Right to Same-Sex Marriage
AdvisorEubank, William L.
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The fight for same-sex marriage in the United States is a contemporary topic of law and politics. The Supreme Court will issue a decision on the matter by June 2013. Same-sex marriage, as a state’s jurisdiction, has three routes the Supreme Court can choose: strict scrutiny with the Due Process Clause of the Fourteenth Amendment, strict scrutiny with the Equal Protection Clause of the Fourteenth Amendment, or rational basis with Susan Rush’s ill motives exception. The statutes against samesex marriage do not survive any level of scrutiny established by the Supreme Court. Therefore, same-sex marriage is constitutional.