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No, that assumption is invalid; it is a logical fallacy.  To say that one has a right to be married retained under the Ninth Amendment, petitio principia,

begs the question that such right exists by law; which sovereign power resides in the several states under the Tenth Amendment.  The right of marriage exists as allowed by applicable state law; and provided that such laws do not infringe the rights and protections of the Fourteenth Amendment they are valid and enforceable.  See Loving v. Virginia, 388 U.S. 1 (1967)


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