Yes, under the Constitution, marriage (and sex, child-bearing, etc.) is a FUNDAMENTAL right and a law abridging that rights must be "necessary" to achieve a "compelling" governmental interest.

Does the government have a "compelling" state interest in banning gay marriage? I certainly don't think so, but that is just my opinion. Whoever wins tomorrow will probably put justices in place (in the Supreme Court) who will answer that question.

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"George W. Bush surrounds himself with smart people the way a hole surrounds itself with a donut." —Dennis Miller