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Federal judge swims upstream: No constitutional right to gay 'marriage' Windsor opinion did not create a fundamental right to same gender marriage nor did it establish that state opposite-gender marriage regulations are amenable to federal constitutional challenges. If anything, Windsor stands for the opposite proposition: it reaffirms the States’ authority over marriage, buttressing Baker’s conclusion that marriage is simply not a federal question. Joe Grabowski of the National Organization for Marriage says a favorite quote from the judge’s ruling is that it takes “inexplicable contortions of the mind, or perhaps even willful ignorance…to interpret Windsor’s endorsement of the states’ control of marriage as eliminating the states’ control of marriage.”
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