
This is grotesque.  The 5th amendment concerns government actions such as stealling your property or throwing you into jail without a fair trial.  It has nothing to do with "equal protection
" as in teh 14th amendment.  The latter applies only to states and not the federal government
.  In fact, it empowers Congress to legislate appropriat
ely to enforce the 14th amendment - which it did via DOMA.
In every state where the people have decided the fate of same-sex marriage directly, they have declined to recognize or subsidize it.  Only where the judiciary or the legislatur
e denied the people the power to decide has same-sex marriage been imposed.  If anything, those states are in violation of the Constituti
on, and the federal government has an obligation to restore "republica
n government
" in those states (article 4, section 4).
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