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However, the Tenth Amendment could be made as a basis for the defense case. The case of gay marriage is pretty much in limbo, and it's not specifically enumerated in the Constitution that gays can marry, have civil unions, etc. Therefore, the powers are left for the people and the state to decide whether they want to recognize gay marriage or not. If I were the plaintiff, I wouldn't sue on FFCC, I'd sue on 1st Amendment rights to freedom of expression, that would definitely be able to hold more water as an issue, rather than the FFCC, which could be thrown out the window by the Tenth Amendment.
Note: This post was written with my own personal feelings aside and as an analysis of possible avenues of the inevitable upcoming SCOTUS case.
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"This ain't no Ice Cream Social!"
"Hey Grif, Chupathingy...how bout that? I like it...got a ring to it."
"I have no earthly idea what it is I just saw, or what this place is, or where in the hell O'Malley is! My only choice is to blame Grif for coming up with such a flawed plan. Stupid, stupid Grif."
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