Quote:
Originally posted by Twai
Well, I mean technically, the Constitution gives to the states control over anything it doesn't reserve for the federal government, and the Constitution doesn't discuss marriage.
So technically, as of now, it's not explicitly a federal matter.
Of course, under the current understanding of the law (because it affects interstate commerce, because it's an equal protection problem if not every state's marriage laws are the same, etc etc), of course it should be decided federally. But opponents say the Constitution doesn't explicitly enumerate that the federal government controls marriage, so therefore it should be up to the states.
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Rights of all kinds, including LGBT equality in a technical sense, are covered under the first section of the 14th Amendment; "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. "
I see no room for exception there. The only issue is that the US refuses to defend its own Constitution and stands by the unconstitutional DOMA.
Marriage specifically has not historically been a federal-exclusive institution, but due to the various benefits awarded by federal marriage recognition it is and should be treated as a federal matter in regards to the LGBT community. There's a reason we don't just leave it alone federally and move to New York.
