“The 10th amendment is in the Constitution. It has nothing to do with the Civil War. Its a lawful way for states to nullify unconstitutional laws.”
Sorry, but in the lead up to the Civil War, “Federal supremacy”, derived from Article 6, Clause 2, became the law of the land, rendering the 10th Amendment completely toothless. That was the end result of the nullification battle, and that is where it has stood ever since. You can stand on Constitutional principles all you want, but without the force to back them up, they are going to be of little comfort.
“If the state of Alabama says they will not allow gay marriages what is the fed govt going to do about it? How about nothing.”
Well, if the Feds decide this is a civil rights issue, and Alabama is in violation of Federal law or court decisions on the matter, then they can take some pretty drastic steps to enforce it, just as they do for other civil rights matters. Remember, the southern states are still under federal monitoring of elections from the 60s and they are unable to pass election-related laws without federal approval. The feds doing something similar with regards to marriages is not hard to imagine.
“Well, if the Feds decide this is a civil rights issue, and Alabama is in violation of Federal law or court decisions on the matter, then they can take some pretty drastic steps to enforce it, just as they do for other civil rights matters. Remember, the southern states are still under federal monitoring of elections from the 60s and they are unable to pass election-related laws without federal approval. The feds doing something similar with regards to marriages is not hard to imagine.”
IMO if the federal government attempted any heavy handed maneuvers (as you suggest) over this issue, it would be a PR disaster which would be a big win for the state of Alabama and would get them backing by other conservative states like Oklahoma, Arkansas, et. Al. It would HELP restart “state’s rights” again. The 10th would start getting more respect. While it is true that the Civil War set a precident that diminished the 10th....it did not repeal it. Therefore, it just needs the right push to get it back into play. A heavy handed federal government towards the citizens of a state would problem the push.