Originally posted by gop_jeff
Normally I am a huge supporter of state's rights. However, in this case, state's rights is moot, for two reasons:
1. The Supreme Court, in a decision largely applauded by the Left, struck down Texas's sodomy law, finding that such a law was an undue invasion of privacy. By extension, banning gay marriages by state law would also fall under that undue invasion of privacy banner.
2. The Constitution requires that all states recognize licenses issued by other states. Therefore, if a gay couple is wed is Massachusets, Texas or Washington is required, by the Constitution, to recognize that marriage, even if gay marriage is outlawed in those states. Therefore, only a federal solution will suffice - and specifically one that will be above the reach of federal-level judges: a Constitutional Amendment.