Same-sex Marriage and States' rights (legal, Alabama, federal government, federal)

[e2ksj3]

With recent talk of same-sex marriage bans in the news, I wanted to get everyone's opinion on this... I was talking with a colleague of mine who is more conservative, and he said he would be open to the idea, but said that the federal courts should stay out and let the individual states decide. He went on to mention that what may work for a more "liberal" area like MA or CT, may not "work" SC or AL.

I strongly disagreed with his statement and cited the supreme court case of Loving v. Virginia, where the state had banned interracial marriage, but was overturned. I believe states should have rights, but when they infringe on people's rights, I think they should step in.

What's everyone's opinion on this? Should we just let individual states decide what works for them or should the feds step in?

[buildings_and_bridges]

Originally Posted by e2ksj3

I believe states should have rights, but when they infringe on people's rights, I think they should step in.

I agree. There are times when the federal government needs to decide for the nation, and this is one example.

The .gif is a little misleading, though it does get the point across. But I think one should note that some of the states that have bans on same-sex marriage also have bans against any type of legal same-sex union, whatever the label. Louisiana is one of those, but the image you attached makes it seem like they've only banned same-sex marriage specifically.

[bouncing]

I would ask him to consider two things: (1) The "full faith and credit" clause of the US Constitution; (2) The Equal protection clause.

Under the "full faith and credit" clause, a gay marriage in Connecticut should be recognized in Alabama. And the State courts are legalizing gay marriage based on their states equal protection clauses. If those courts are right, shouldn't that be a national issue -- in the same way Loving v. Virginia was?

I'm not necessarily taking sides (although I do have an opinion on this) -- I'm just asking questions.