And that's what's so `topsy-turvy' about this issue.
The feds don't enforce their law (USC Tile 8), so they rule that states and local governments must follow suit.
We've fought over less. Stamps & tea, and over similar disputes: states rights.
Well, I tell you what, we have not been doing a very good job of fighting. We're great on the some of the details: Christmas vs. holiday, gay "marriage", prayer in the schools (like they could stop someone praying anyway), etc.
But - we don't appear to have the heart to tackle the BIG issues, like activist judiciary, illegal migration, open borders, to fight the war on terror or just to roll over, for instance.
We have to find our backbones and pare down our priorities. We do more fighting with each other here on FR, than we do where it might actually count.
(Off soapbox - for the moment, anyway).