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January 12th, 2010
11:47 AM ET

Prop 8 is simply unconstitutional

Lisa Bloom
AC360° Contributor
CNN Legal Analyst

A pop star could have a quickie Vegas wedding tomorrow, to a man she meets tonight, if she so chooses. Scott Peterson, convicted of the murder of his pregnant wife and on death row, has an inalienable right to a prison wedding with a female pen pal if the mood strikes him.

Indiana grandmother Linda Wolfe holds the Guinness World Records title for most marriages: 23. One lasted just 36 hours. She's on the lookout for No. 24, and when she finds him, no law can stop her from marrying him.

The U.S. Supreme Court has held unanimously that "the freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men. Marriage is one of the basic civil rights of man."

So basic, so important, so fundamental, in constitutional parlance, that no state can interfere with even the most reckless heterosexual nuptials.

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Filed under: Lisa Bloom • Proposition 8 • Same-Sex Marriage
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