The U.S. District Court for the Southern District of New York agreed with Windsor that DOMA violated her federal equal protection right.
His second cause of action alleges a violation of his right to equal protection of the laws.
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But it is the California case where the high court is being asked to establish the constitutional "equal protection" right.
The Associated Press reported that two women who were married in the state earlier this year plan to sue on the grounds that the amendment violates their right to equal protection under the law.
The suit seeks a ruling that both provisions violate the constitution's Second Amendment right to bear arms and the 14th Amendment right to equal protection under the laws as well as injunctions stopping enforcement.
As more states legalize same-sex marriage, one of the key questions the justices may be forced to address is whether a national consensus now exists supporting the idea of expanding an "equal protection" right of marriage to homosexuals.
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In a broadly worded legal brief on Thursday that senior government sources said had President Barack Obama's personal input and blessing, the Justice Department asserted gay and lesbian couples in the nation's most populous state have the same "equal protection" right to wed and that voters there were not empowered to ban it.
And, like all agencies, it may not arbitrarily or capriciously render determinations absent any evidence or explanation or by unexpectedly and inexplicably abandoning a prior position or policy, and it may not engage in the unconstitutional deprivation of property absent due process or the unconstitutional violation of the right to equal protection of the law.
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The constitution is as clear about the right to vote thanks to the equal protection clause as it is murky on the right to abortion.
The result is salutary: Americans are beginning to understand the threat of shariah law, and even better, to understand the strengths of their own Constitution to protect the rights of free speech, the right to free association and to freely exercise or leave a religion, the right to bear arms, the right to due process and equal protection under the law for women and children.
Among those guaranteed rights and privileges are: freedom of religion, freedom of speech, freedom of the press, due process and equal protection under the law, the right to privacy and the right to keep and bear arms.
Today Republicans are impeaching Social Security, they are impeaching affirmative action, they are impeaching women's right to choose, Medicare, Medicaid, Supreme Court justices who believe in equal protection under the law for all Americans.
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