Humpy
Diamond Member
- Mar 3, 2011
- 4,464
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Prohibiting gay marriage violates the 14th amendment and is therefore illegal.
Electing to not enforce federal law with state resources doesn't.
There is no federal law that mandates states to issue marriage licenses.
The constitution, which is binding on states as well as the federal government, requires states that issue marriage licenses to do so equally.
Meaning that's what the Constitution says from a legal sense.
There is not a federal statute, there is the Constitution. All states are bound to uphold the Constitution, therefore all states that issue marriage licenses must do so equally as they cannot violate the Constitution. There is no such constitutional mandate to enforce federal statutes, so states don't need to do so.
End of story.
I'm glad there is someone here to explain this stuff.