Gay marriage: does federal trump state law or other way around?
This is such a controversial issue. If a state has a clear ban, reached democratically by the vote of the citizens of that state, that gays cannot marry, then does the federal govt. have the right to overturn that law?
Re: Gay marriage: does federal trump state law or other way around?
Quote:
Posted in reply to the post by Edward Mendoza:
This is such a controversial issue. If a state has a clear ban, reached democratically by the vote of the citizens of that state, that gays cannot marry, then does the federal govt. have the right to overturn that law?
Certainly, if a federal judge finds the state law to be in violation of the US Constitution. Of course the state has the right to appeal all the way up to the Supreme Court (if they'll accept the case). I don't think there's any legal controversy about that, except in the mind of the Alabama chief justice.
-Conrad
