Stating the federalist/constitutional argument is a cop out? No wonder America is screwed.
I am always impressed when supposed conservatives don’t understand basic conservative principles.
Fact: The Constitution leaves things not in the Constitution to the states.
Fact: Marriage in any form is not in the Constitution.
Fact: it is therefor the domain of the states to do or do not as they see fit.
What part of that is wrong?
Fact: it is therefor the domain of the states to do or do not as they see fit.
This is a myth the left created to fool conservatives.
Marriage has never been treated as a state issue. The federal government recognizes marriage from any state, as far as taxes, etc. Marriage from ANY state has always been recognized by EVERY other state.
Take bigamy. Can I get married in Georgia, and then in some other state that won't recognize the Georgia marriage? Show me a single case where state by state marriage was effectively used a defense against bigamy charges. I'm waiting.
This is proven again by the fact that once same-sex marriage was recognized in ONE state, it lead to it being recognized in every other state in short order. (Yes, there are still a few states left, but one thinks that will last much longer)
Take Utah. Is same-sex marriage legal in Utah, because people in Utah want same-sex marriage. No, Utah citizens probably want same-sex marriage at the lowest rate of any state. It's legal there, because it's a federal issue. What the citizens of Utah want is irrelevant.
That's why DOMA was enacted. Because marriage is a federal issue, and once same-sex marriage is recognized in one state, it would be forced on the other 49.
Basically, anyone who says marriage is a states' rights issue, might as well say same-sex marriage should be legal everywhere.
The states' right argument on same-sex marriage is less effective than claiming we don't have to pay income taxes, because the Sixteenth Amendment was not properly ratified.