(June 27, 2015 at 9:41 am)Tiberius Wrote:(June 27, 2015 at 7:52 am)Razzle Wrote: Sorry if this has already been asked, but not being American I'm confused. Does this actually mean that same-sex couples can get married in any state as soon as it comes into effect, or can state law in practice override the federal law, as it kind-of-does-kind-of-doesn't with cannabis legalisation?States cannot violate federal law. Period. In states which have "legalized" marijuana, the drug is technically still illegal under federal law. If you are caught by a federal agent, you will still get prosecuted under federal law.
The reason states can effectively legalize marijuana but cannot refuse marriage licenses to gay couples is due to the actual laws involved. With marijuana, the federal government ruled it is illegal, but that just gives states the right to arrest people for it. States are not required to arrest people, so some states choose not to, effectively making the drug legal there. With gay marriage, the federal government ruled that states cannot refuse licenses for gay couples, so states which continue to do so would directly violate federal law.
I read this morning that some counties in Alabama have refused *all* marriage licenses rather than issue ones for gay people. This probably isn't against federal law, because the counties are not discriminating; they are refusing licenses for all people. It is rather pathetic though.
TL;DR: When federal laws give a state the right to do something (e.g arrest someone for marihuana possession) the state can choose not to use that right. When federal laws require a state to do something, or to not do something, the state has no choice but to comply with the federal law.
I think it probably is illegal and a violation of federal law for them to refuse to issue marriage licenses. If I understand the ruling, marriage is a fundamental right, and therefore states must allow it.
But we will see what happens if they continue to refuse to issue licenses. My guess is that if they do, someone will bring a lawsuit against them, and they will lose. But I am no lawyer, so feel free to ignore my opinion on this.
To Razzle, it means that states must allow gay marriage and must recognize gay marriages from other jurisdictions. Of course, sometimes people break the law, including members of government, so sometimes there are delays. Just like when the federal government ordered the racial integration of public schools about half a century ago, not every state immediately followed the law and the federal government stepped in and made them do it anyway.
"A wise man ... proportions his belief to the evidence."
— David Hume, An Enquiry Concerning Human Understanding, Section X, Part I.
