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Ocelot II

(131,832 posts)
5. The Tenth Amendment says no.
Thu Jun 25, 2026, 08:09 PM
Thursday

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Marriage is primarily a state-level legal issue, not a federal one. State laws establish licensing requirements, age, etc., and regulate divorce, but they cannot violate the Constitution, which is why the Supreme Court struck down state bans on interracial marriage and guaranteed the right to same-sex marriage nationally.

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