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The issue constitutionally is that anything not specifically granted as within the powers of the federal government is given over for the states to decide on their own.

So if a state wants to grant same sex couples the right to marry in their state, they can do so.

Similarly, if the supreme court knocks down the reasoning behind Roe V Wade, it would not make abortion illegal across the US. It would be up to the individual states to decide. As we see in different parts of the country, there are wide differences between the rules and guidelines that states adopt in framing when and how the procedure may be carried out.

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