Quote:
Originally Posted by Scipio
The states have no right to violate the US constitution. As I read it, the equal protection clause in the constitution doesn't allow states to deny simple common law rights to same sex couples, hence the "need" for a constitutional amendment. Even now, as gay marriage has become a major issue, the US Congress has rejected such an amendment. If I was a betting man, I'd bet that no such amendment will ever pass.
http://www.law.cornell.edu/topics/equal_protection.html
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Actually Congressional law afforded through DOMA, and through that DOMA protection act that is being proposed affords the states to override that EPC. Everything is completely "legal" ( I say it with quotations because I'm banking on it being over turned at some point) as of right now.
Quick question. Federal law supercedes state law unless it affords the right to the state, or if there is no standing federal law correct?