To start off I’m in favor of states rights as long as states laws are within the United States Constitution. For example if Texas or California decided to form their own militaries or currency. I would be against that because those issues are clearly Federal. So as long as states are within their rights and the United States Constitution and aren’t violating the. Rights of their citizens even a percentage of their citizens, they can pass their own laws and govern themselves. And as the great political satirist George Carlin said. The people deserve the politicians and government that they get because they voted for it. Or as Ronald Reagan said people can vote with their feet. You don’t like the laws in one state or jurisdiction, you are free in a lot of cases to move somewhere else. And my position still holds with same-sex-marriage even though its legal in some states and illegal in others. States can pass their own marriage laws but they still have to holdup to constitutional-scrutiny by the courts.
Progressives lets call them for the purpose of this post would disagree with my Liberal-Federalist position. And would say that if something is right and if that some people are allowed to have something. Then everyone should have those same benefits. Whether its healthcare, marriage, education go down the line. And take more of centralize nationalistic view when it comes to governing and do not trust the states to make these decisions for. Themselves and to use same-sex-marriage as an example. How come only New Yorker’s or Bay Staters or Californians thanks to Supreme Court punting on Prop 8. How come only these people and other states that have passed same-sex-marriage should be entitled to that right. So what we should do is nationalize same-sex-marriage so all Gay couples can get married in America. My response would be that there’s a process that we have that can protect states rights. But also civil rights so when a state passed a Gay marriage ban. There’s a constitutional-review to determine whether its constitutional or not. Rather than Uncle Sam butting in with Congress and the Administration and making that decision for everyone else.
If I had to guess from not reading all of the Gay marriage bans. That they are probably all unconstitutional and at some point will be ruled that way by the supreme Court if it goes that. Far but we have states rights and are a Federal Republic so we do not become overly centralized and give so much power to just one authority. Marriage is a states issue as the Supreme Court ruled today and current Gay marriage bans passed by states. Will be ruled unconstitutional most likely if they are believed to violate the Equal Protection Clause.