MARRIAGE EQUALITY NATIONWIDE

[Anima]

Keep in mind that I'm not American and I was just asking an academic question because I was confused about how stuff works. It's not like I'm questioning if America should legalize gay marriage. My country legalized it trough democratic means, and I think that was a good call, but whatever people prefer, I guess..

Understood. As you can see even justices in our Supreme Court of Law are not sure how it works. Generally the constitution states anything not held by the Federal government is to be done by the States, and if not by the States than by the people.

This may only be overridden by the Commerce (Art 1, Sec 8, Cl 3) or Supremacy (Art 6, Cl 2) clauses of constitution

By the SCOTUS ruling the state bans on same sex marriage are unconstitutional. This does not mean the Federal government cannot amend the constitution to override the SCOTUS (2/3 Congress, 2/3 of the States to ratify), that the States may not create new bans which satisfy strict scrutiny (and would then be constitutional) or that the States need to marry anyone at all.

In either case you can be certain we did not do it democratically.