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I think the States should have the right to have such laws, but I do not think States should have such laws.

But I agree with Santorum, the right to have such laws should be recognized.

Please remember, states have no rights, only individuals do. By virtue of having rights, individuals enjoy the power to protect their rights. States (governments) have powers ceded by individuals whose purpose is to protect rights. So, if you believe a state should have the power to make such laws, you should connect it to the right that is being protected.

I think in relation to the Federal Government, States do indeed have rights. If we were talking about a Government and it's relation to it's constituency, I would be much more agreeable to your position, but in terms of our Federal form of Government, States do indeed have rights ceded to it by the Constitution to make laws governing the people in their States without interference from the Federal Government except in the cases of enumerated rights in the Constitution and those areas of governance that the 14th amendment clearly refers to.

What I mean is that Hawaii has the right to recognize Gay Marriages. Likewise Texas has the right to forbid sodomy. I do not agree with either of those positions, but the States have the right to pass laws in that manner.

Hawaii, though, could not say it recognized Gay Marriages but not Gay Marriages between 2 black men. That would be in violation of equal protection under the U.S. Constitution. Likewise, a county in Hawaii could not outlaw Gay Marriages since the State of Hawaii legalized them.

This idea that a law must be coupled with a right of individuals that it is defending has intrigued me. Whose idea was this originally? Paine? Jefferson? Locke? This surely doesn't seem like any of their writings. This sounds more like a populace philosophy, like something Bryan would espouse.

Please let me know so I can look further into this idea, I've seen it fairly often recently and would like to understand where and who this is coming from.

This concept seems easy to defend and hard to impliment with many exceptions and quandries waiting the the wings.