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Should States Be the Ultimate Deciders of the Legality of Same-Sex Marriage?

During an ABC News interview on Wednesday, President Obama announced his new position on same-sex marriage saying he’s personally in support of it. Obama went on to say that the states should be the deciders, but is that correct? Or has the Supreme Court already ruled on this matter?

Judge Andrew Napolitano suggested to Shepard Smith that the Supreme Court already ruled on this subject. He discussed a famous case from Virginia called Loving vs. Virginia that resulted in the Supreme Court saying that your right to choose a mate is a fundamental liberty at which the state can’t interfere.

Although the case didn’t involve same-sex marriage, Napolitano said, “The language is clear,

and that language has been undisturbed by the Supreme Court since this opinion came down in 1968.”

He laid out the issue as, “Is it a fundamental right as the Supreme Court has said it is, or can the states make it legal in some states, but illegal in others?”

Watch complete analysis with Judge Napolitano:

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