Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

Does this formally mean that gay marriage has been legal in the US since the 18th century, but no one noticed until recently? (half-serious question)

Congratulations to Americans and to gays worldwide for this great step forward.



Strictly speaking it means the laws against gay marriage were themselves illegal. (As with any law deemed unconstitutional.) It's a matter of word choice to say "gay marriage was always legal" versus "anti-gay marriage laws were always illegal". There's some semantic difference between the two, but I'm not sure what the difference is from a judicial standpoint.


Basically. That's how most constitutional arguments work.


That's basically correct. It's always been legal, and efforts to stop gay marriage have basically been efforts to narrow the scope of this already legal right.




Consider applying for YC's Fall 2026 batch! Applications are open till July 27.

Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: