Whenever government imposes obligations or dispenses benefits, it may not "deny to any person within its jurisdiction the equal protection of the laws." That provision is explicit in the 14th Amendment to the U.S. Constitution, applicable to the states, and implicit in the Fifth Amendment, applicable to the federal government....
http://www.nydailynews.com/opinions/2010/01/07/2010-01-07_the_moral_and_constitutional_case_for_a_right_to_gay_marriage.html
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