The Constitution doesn't GRANT the Feds any power to decide who is married or not. They have to respect whatever status the STATES designate. So to unilaterally deny one type of marriage versus another that is sanctioned by a state is illegal.
What's really funny is that all these arguments were used buy the "Bible Belt" to KEEP slavery, owning people, on the books for just about as long as we have been discussing gay rights. The Feds could not end slaves as property without an amendment. Various states banned slavery, but the Feds ruled that slaves Owned in one state had to be respected as property rights during travel or if they escaped, even in states where slavery was illegal.
Of course many states treated interracial marriages the same way as gay marriage, well into the 1900's.. Until they were forcibly stopped during the Civil Rights movement. They all know the law and precedent, they don't like it so they want to ignore it.
Comments
The Constitution doesn't GRANT the Feds any power to decide who is married or not. They have to respect whatever status the STATES designate. So to unilaterally deny one type of marriage versus another that is sanctioned by a state is illegal.
What's really funny is that all these arguments were used buy the "Bible Belt" to KEEP slavery, owning people, on the books for just about as long as we have been discussing gay rights. The Feds could not end slaves as property without an amendment. Various states banned slavery, but the Feds ruled that slaves Owned in one state had to be respected as property rights during travel or if they escaped, even in states where slavery was illegal.
Of course many states treated interracial marriages the same way as gay marriage, well into the 1900's.. Until they were forcibly stopped during the Civil Rights movement. They all know the law and precedent, they don't like it so they want to ignore it.