Do the states have the right to gay marriage if its not legal in federal law?

Question

If a state says gay marriage is legal, is the federal law allowed to override it due to the supremacy clause? (Same with marijuana)

Answer 1

Right now, the tenth amendment gives the states the power to regulate marriage in their states.



IF - and that's a BIG if - the feds pass a constitutional amendment to allow gay marriage, the supremacy clause will override any state laws that prohibit it.

Answer 2

The Federal Government doesn't regulate marriage. This is something that has always been dealt with on a State to State basis. The Federal Government cannot do anything to over-ride State laws regarding gay marriage.

Answer 3

The federal government doesn't regulate marriage, that's a state thing.



And the Constitution is set up so that federal laws do not take precedence over state laws.



http://en.wikipedia.org/wiki/States'_rights

Answer 4

The terms are does an individual have the right to impede another individual. Federal law should say no. State law often will say yes. That is the ideology

Answer 5

same with health care.....right?