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Thus, he offers Murphy a way to atone for his non-sin of defending that law. Obergefell grudgingly recognizes that Murphy, as Ohio’s Solicitor General, was required to defend the law against same sex marriage. Obergefell might not like this fact, but it’s indisputable. The term merely indicates that marriage traditionally has been considered to be between a man and a woman. Murphy’s other sin was using “dog whistles such as ‘traditional marriage’ in his brief.” Obergefell doesn’t bother to explain what improper signal “traditional marriage” sends. And because it wasn’t mandated by the constitution, it wasn’t unconstitutional for the state not to recognize it.
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In short, Obergefell’s marriage was neither mandated nor prohibited by the constitution. If the appropriate legislative body had approved of same sex marriage, instead of barring it as Ohio did, the marriage would not have been problematic. This doesn’t mean that same sex marriage is unconstitutional.
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His contention was that the constitution creates no right to same sex marriage.