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Will same-sex marriage be a big issue in November?

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    Obama announces support for gay marriage

  • Duration 2:42
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Six minutes before the hour now continuing coverage of the president's -- new position on gay marriage that he is personally for it.

-- he goes on to say that the states.

Should may be the decider is state by state by state.

But is that right or has the Supreme Court already ruled on this matter let's turn to our senior judicial analyst judge Andrew Napolitano who suggest to us that in fact the Supreme Court has already ruled -- well in a very famous case called loving it vs Virginia of the loving story biracial.

Opposite sex couple.

Who got married in the District of Columbia and then moved back to their native Virginia.

And the police broke into their bedroom of their -- home in the middle of the night and arrested the two of them because Virginia law prohibited.

Biracial couples the case eventually made its way to the Supreme Court of the United States and in that ruling.

The Supreme Court invalidated.

A law that prohibited by racial couples but it also said.

Your right to choose a -- is a fundamental liberty with which the state cannot interfere.

Obviously the case did not involve same sex marriage.

But the language is clear and that language has been undisturbed by the Supreme Court since this opinion came down.

In 1968.

It's -- Britain -- -- sing a little while ago the Republicans don't wanna talk about this matter they wanna talk about the economy of course the truth is the economy is now.

By most by most observances.

Improving gas prices are going down.

And we can forget history if we want.

But it was the Republicans who use this very issue and these very votes with Karl Rove at the Helm to get George W.

Bush reelected.

In in nineteen excuse me in 2004.

The there was on state ballots in in November of 2004 when President Bush was running for reelection against -- senator John Kerry.

At least a half dozen states with proposals not unlike a north Carolina's last night.

That drove conservatives to the polls to vote against same sex marriage and while -- -- to vote for.

The reelection of George W.

Bush I think and threaten us more about.

Politics than I do and more than I do but I think that this will be a hot -- a hot button issue Mitt Romney may very well have favored same sex marriage at some point in his political clue career.

But he is clearly against that today the Republican Party will clearly be against that the president of the United States is clearly in -- -- that the issue is.

Is -- a fundamental right as a Supreme Court has said it is.

Or can the states make it legal in some states.

But illegal and others and if the economy continues to improving gas prices continue to go down and sentiment continues to get better and the president's numbers continue to rise as well be an issue in -- We shall -- just a volatile thanks very much -- Shepard Smith.

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