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Originally Posted by Angakuk
It seems to me that the fundamental constitutional question here is whether or not the right to marry is, in any sense, guaranteed by the U.S. Constitution or by particular state constitutions. If there is no such constitutional right, how can it be infringed upon?
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I'm no lawyer, but I don't think your conclusion follows from your premise. The right to shop isn't guaranteed by the Constitution, either, but public shops are not allowed to discriminate based on race. If (and I don't know if this is the case) something in the Constitution prohibits the state from discriminating based on gender, then it's reasonable to suggest that it might prohibit the state from allowing some people to marry, but prohibiting others to marry based on gender.