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The parties to this action certainly do not dispute that the Due Process
Clause of the Fourteenth Amendment guarantees individuals the fundamental right
to marry. They stridently part company, however, over whether the fundamental
right to marry encompasses the right to marry a person of the same sex. Plaintiffs
contend that the fundamental right to marry belongs to the individual and protects
each individual’s choice of whom to marry. In stark contrast, Defendants contend
that, because “[t]he United States Supreme Court has never recognized that the
fundamental right to marry includes the right to marry a person of one’s choice,”
the Marriage Laws do not violate Plaintiffs’ due process rights. (Doc. 117, p. 20)
(emphasis in original). Against this jurisprudential backdrop, and in view of the
parties’ polarized positions, we are tasked to consider and address the scope of the
fundamental right to marry.




