The Supreme Court Should Leave How We Marry To The States

From Forbes:

At one level, this week’s Supreme Court arguments are about same sex marriage and whether it should now be protected under federal law.  But in another dimension, same sex marriage is only the context for a fundamental constitutional, not social, question:  who owns and therefore decides about marriage, the federal government or the states?  The right answer—that marriage belongs to the states—would decide both cases before the Supreme Court, invalidating as unconstitutional the federal Defense of Marriage Act, but upholding the right of Californians, and by implication other states, to decide whether or not to allow same sex marriage in their state.

Of course this is not the outcome either side wants.  Proponents of same sex marriage think it’s high time for their rights to be guaranteed by federal courts as a constitutional matter.  Even though public opinion is shifting, and by now nine states have affirmed a right for same-sex couples to marry, proponents would prefer that a federal constitutional right be created by the U.S. Supreme Court.  This obviates the need to continue to try to win the issue state-by-state over time, and it creates a guarantee that cannot easily be undermined or withdrawn by state legislatures and the political process.

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