Because of the U.S. Constitution's "privileges and immunities clause," a state such as North Carolina can deny certain "privileges" by refusing to recognize same-sex marriages that occur legally in the state of Massachusetts.

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The U.S. Constitution's "privileges and immunities clause" does not allow states to deny rights to citizens of other states, and the Supreme Court's decision in Obergefell v. Hodges (2015) requires all states to recognize same-sex marriages legally performed in other states.