Professor Jane Schacter offers examples of cases where the Supreme Court overturned state marriage laws on 14th Amendment grounds in this Politifact.com article. 

Sen. Marco Rubio, R-Fla., doesn’t like the Supreme Court’s ruling legalizing same-sex marriage, but he said he won’t work to overturn it if he becomes president. Instead, Rubio told NBC’s Chuck Todd, he would appoint Supreme Court justices who “will interpret the Constitution as originally constructed.”

Same-sex marriage is not a constitutionally protected right, and marriage laws have always been the responsibility of the states and not the federal government, Rubio said in an interview that aired Dec. 13 on Meet the Press.

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Jane Schacter, a Stanford University constitutional law professor, showed us a few more examples of the Supreme Court overturning state marriage laws on 14th Amendment grounds.

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“There is no unrestricted prerogative of a state to do whatever it wishes with respect to marriage, Constitution be damned,” Schacter said. “But it is always case by case.”