Reply to S/O - A Civics Lesson

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[quote=Anonymous][quote=Anonymous]"Perfect demonstration of federalism of convenience. You just chose to take power away from the states, not because of what is contained in the constitution but because you think that a farfetched hypothetical outcome is distasteful to you"

Perhaps, yes. I do choose to take away a state's power to limit a fundamental right such as marriage. I believe in this case the individual's right trumps that of the state.

All that said, it doesn't matter.  Constitutional precedent re: marriage has already been established under due process clause and the equal protection clause--e.g., the ban on interracial marriage in states was deemed unconstitutional under these clauses.

So your argument is moot. [/quote]

Nice try, but you are mixing your arguments.

The individual's constitutional right to marry does not move the power over marriage into the federal domain any more than Roe v. Wade does for abortion.  The ruling only limits the restrictions that the state can impose on marriage.   But it does nothing to invalidate the legal marriages of any state.  Any real Federalist would say that a marriage in one state must be recognized by the Federal government, because the states alone have the power to marry people.[/quote]

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