>> reporter: but others including steven briar, believe preventing the violation of the 14th amendment due process. >> don't let them participate in this space of institution, that that violates the 14th amendment. >> reporter: the justices also weighed in another question must states that do not prevent same-sex marriage give full recognition to those marriages if performed in other states where it is legal? 36 states in the district of columbia now permit same-sex marriage with alabama in legal limbo. but the decision was made by judges and in only 11 of them did a popular vote or legislative measure pass approving same-sex marriage. justice sonia sotomayor say states almost always recognize marriages performed elsewhere. >> people who are not permitted to be married in a lot of states go and do that and they come back to their home states and
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