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It pointedly did not say they were entitled to marry.
The court outlawed capital punishment in 1995 and ruled in 2005 that gays and lesbians are entitled to marry.
This month, a state court judge in Seattle ruled that same-sex couples were entitled to marry under the state's Constitution.
The lawsuits also maintain that the November court decision legalizing same-sex marriage meant that all gay couples were entitled to marry, including those from out of state.
In political terms, he has set in train a national debate in America about equality, fairness and who is entitled to marry.
SOMETIMES the Supreme Court takes on questions that matter a great deal to many Americans: whether you are entitled to marry your beloved, for example, or which presidential candidate wins an election.
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"They're not entitled to get married in the state of Massachusetts," he said.
Many hold equally strong religious, moral and ethical convictions that same-sex couples are entitled to be married and that homosexual persons should be treated no differently than their heterosexual neighbors.
But there is an equally important individual interest--and, by extension, individual right--that every American is entitled to: "The right to marry," the Prop 8 plaintiffs write in their brief, "has always been based on, and defined by, the constitutional liberty to select the partner of one's choice".
I am absolutely comfortable with the fact that men marrying men, women marrying women, and heterosexual men marrying women are entitled to the same exact rights.
Whether those same-sex couples will be considered legally wed under state law -- and entitled to the same benefits as married couples of the opposite sex -- is likely to be decided by the courts.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com