Justice Powell concurs in the judgment in a similar manner to Justice Stewart. Powell's primary concern is that the near-application of strict scrutiny and the use of the equal protection clause is too strong and interferes with the legitimate regulation of the State on marriage. Similar to Justice Stewart, Powell would use the due process clause, but invoke it in a way that would be flexible enough to allow the State to pass reasonable regulations (regulations that probably would not be upheld under Marshall's standard).