I have many problems with the US constitution, but it is the legal regime we are told we live under. Marriage, to take one example, is mentioned nowhere in the constitution, and therefore is no business of the federal congress, the federal courts, nor any other arm of the DC leviathan. The feds, according to their own constitution, have only the powers they are specifically given. Some black-robed occupier in California may not overturn a popular vote against gay marriage, nor throw out a voters’ ban on welfare for illegal aliens, to take an earlier example. On the other hand, the Massachusetts. federal judge who ruled that marriage is none of the federal government’s business, and therefore Massachusetts may enact it, despite the defense of marriage act, had a strong case. He is ignored, however, while the crazed California judge is heralded.
Unfortunately, in the American system, there are only states rights. This was a mistake. There should also be town rights, county rights, etc. as Jefferson noted. If San Francisco wants gay marriage, so be it. If Dubuque does not, so be it.
Government took over marriage, a matter for the Church and subsequently other private bodies, in the 18th century, with the expected negative results. But having taken it over, it ought to be decentralized, not nationalized.Details