M
Mudgely
Guest
I disagree. Marriage is a contract, and therefore while States confer marriages, the Federal Government plays a role in Constitutional issues related to contractual rights, equal protection rights (including race and gender rights). The US Constitution trumps State law in many aspects of marriage.Marriage is a State institution that belongs with the States and there is zero constitutional authority for a federal court to question or intervene.
The problem with modern equal protection arguments is activists and judges confuse equal protection with equal rights.
God bless.
For example, IN FACT the courts have ruled DADT to be a violation of the US Constitution because it confers unequal legal status on legally married parties based on gender and sexuality. This is an example of the Constitution taking precedence in a state conferred marriage, even to the extent that it overturns Federal law.
In addition, marriage is considered to be a constitutionally protected right at least since slavery was abolished in the US. Additionally, miscegenation laws which were enacted at the state level were overturned by Federal courts.
Also, I would point out that the State of Utah repealed polygamy laws under threat of Federal prosecution.