due process, correct? if memory serves yes, sub if there might ve been equal protection concerns, and the supreme court has said it is created by the confluence of the fifth amendment and the 14th amendment to the united states constitution. but historically, it has been applied in ways that seem to sanction explicit policymaking via the courts. for example, the lochner versus new york case, which i know you talked to senator lee about in particular, which was a new deal case that such limitations on how long bakers could work in new york, the supreme court struck that down and set it violated the right of free
0 christianity, judaism, islam, embraces traditional definition of marriage, correct? i am aware that 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 of state marriage laws, that it will inevitably sit 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? woman? well, senator, these issues are being litigated, as you know, throughout the courts as people raise issues. i am limited with what i can say about them. i m aware there are cases i m not asking you to decide a case or predict how you would decide to, i m just asking isn t it apparent that when the supreme court decides that something that is not even in the constitution is a fundamental right, and no state can pass any law that conflicts with the supreme court s edict, particularly in an area w