http://www.cato.org/publications/commentary/states-must-license-gay-marriages-
only-they-license-straight-ones
From TFA:
====
The 14th Amendment requires almost nothing affirmative. The only
benefits states must grant are the privileges or immunities of
citizenship, the due process of law (before depriving someone of life, liberty,
or property), and the equal protection of the laws. In other
words, the 14th Amendment requires states to issue marriage licenses to
same-sex couples only if they give them to everyone else.
====
That last point is interesting, because of what a license IS: a grant of
immunity (often temporary) from prosecution for performing an act that
is otherwise illegal.
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