If the state tomorrow outlawed vanilla ice cream and forced each person to eat a pint of chocolate ice cream every day, the Supreme Court would defer to the state’s “police powers,” saying as it did in Nebbia v. New York that the state’s “authority to make regulations of commerce is… absolute. … the private right must yield to the public need.”

But as for gay marriage, oh no, it’s a sacred universal human right, a choice as private and personal as between vanilla and choc… oh wait.

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