Silhouette
Gold Member
- Jul 15, 2013
- 25,815
- 1,938
- 265
- Thread starter
- #301
Yes but the Supreme Court has power over the lower courts whether you like it or not...States are not being illegally forced to do anything. The Judicial branch has power under our constitutional republic, whether you like it or not.
Ergo, states have the say on gay marriage until further notice.. It's a procedural thing. Only the US Supreme Court may overturn its own specific finding on law. You believe in the rule of federal procedure, right?
Page 14 of the Opinion: After a statewide deliberative process that enabled its citizens to discuss and weigh arguments for and against same-sex marriage, New York acted to enlarge the definition of marriage...Against this background of lawful same-sex marriage in some States, the design, purpose, and effect of DOMA should be considered as the beginning point in deciding whether it is valid under the Constitution United States v. Windsor