The difference in these two court cases was that in the Goodrigde v. Department of Public Health was that the Fourteenth Amendment was not on their side. That is where the ruling came out that the court dismissed the plaintiffs claim. It was said that the marriage didnt guarantee the cardinal right to marry a person of the same sex.
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also it was said that the marriage exclusion does not offend the liberty, freedom, equality, or due process provisions of the Massachusetts Constitution. From my contendledge, I know that you can only get married to the same sex in San Francisco, California and in Canada. In the Loving v. Virginia case, the Fourteenth Amendment was on their side by stating that marriage shouldnt be restricted by invidious racial discrimination. Under the Constitution, the freedom to marry or not marry a person of another race resides with the individual and cannot be fringed by the State.
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440 Mass. 309; 798 N.E.2d 941; 2003 Mass. LEXIS 814
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