“send it back to the states”
But it SHOULD be a state issue, same way as some states recognize common-law marriage and some don’t, some have different age limits, some allow first cousins to marry, etc. Don’t get me wrong, I’m totally against gay “marriage”. Here in Washington State it got jammed through in spite of the fact that some of us troglodytes said no. I’m just saying the Constitution doesn’t touch on it so the power is not the Feds’ to use.
And how well did that work with the slavery issue? Those who do not learn from history are doomed to repeat it.
I agree many things should be left up to individual states, but they don't have the "right" to do things like redefine natural law, claiming black people are not humans or call something "marriage" that is biologically impossible.
Common law marriage for instance, if it is legal, then all states and the federal government recognize it, that goes for the rest of the minor variations among states.
The federal government also has to deal with marriage, and has had it's own laws dealing with it since 1780, the military, immigration families, federal employment, are all areas where the feds have to deal with marriage law.
I disagree, if we could ban it federally (can’t currently of course) we absolutely should.