Interesting case, but then Utah was not a state at the time, so it is readily distinguishable. I have no idea really how SCOTUS would rule on a statute banning gay marriage. The law on state's rights is murky, and growing murkier, and I haven't followed the ins and outs of how many angels dance on the head of a pin as SCOTUS struggles with the matter. (It does strike me as a bit difficult to fit marriage within the reach of the commerce clause however. :) ) In recent years, SCOTUS has revived states rights a bit. It would granted fit with my public policy view, of where the matter should be decided. Of course, the bill isn't going to pass, as long as the filibuster rule is out there, any time soon. At present, I don't think it would even get a majority in the Senate, but that is just a guess.