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Originally posted by .:Allen:.
No. If the Supreme Court says it's unconstitutional to ban gay marriage then all the states have to automatically allow it because their constitutional bans are now invalidated.
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That is not how it works. Whenever the Supreme Court says something is unconstitutional, they are saying the Judicial Branch will not enforce the Law. The Executive Branch as well as the Executive Branches from all states must still ratify their laws to be in accord with the Supreme Court. They can also simply ignore the Court's ruling because the Court has no power to enforce their ruling. I.E., Mississippi not having to add the Civil rights act/ allow interracial marriage for years after the ruling came down in the Supreme Court. The Supreme Court have to go to the Executive Branch to enforce Brown v. Board of Education, and the airforce being called in. Etc.