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Not? >> the supreme court has considered that to be an application of the substantative due process clause of 14th amendment. >> and it doesn't mention anything about substance when it talks about due process. the 14th and sfif fifth amendment talks about due process of law, correct? >> correct. >> one of the things that concerns me is here is an example of the courts finding a new fundamental right mentioned nowhere in the document of the constitution that's the product of simply court-made law that we're all supposed to salute smartly and follow because of

0 of marriage, correct? >> i am aware there are various religious faiths that define marriage in a traditional way. >> do you see that when the supreme court makes a dramatic pronouncement about the invalidity about state marriage laws, it will inevitably set in conflict between those who ascribe to the supreme court's edict and those who have a firmly held religious belief that marriage is between a man and a woman? >> well, senator, these issues are being litigated, as you know, throughout the courts i as people raise issues and so, i'm limited in what i can say about them. i'm aware there a...