Kennedy nicely describes the "synergy between the two protections": The Constitution grants them that right. That's an absurd extrapolation , you say. As predicted, the court split 5—4, with Justice Anthony Kennedy writing the majority opinion invalidating the bans. And the equal protection clause bars the government from singling out a specific group—here, gays—and depriving them of certain rights.
The 14th Amendment and Same-Sex Marriage The Fourteenth Amendment to the United States Critics also argued that the decision opens the door to gay marriage. The Supreme Court is wrong: There has been no universal definition of marriage that excludes gay couples. The Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of .