The Prop 8 ruling: Is marriage a state issue or not?

Referring to support for traditional marriage as involving “profound and deep convictions accepted as ethical and moral principles,” Vaughn adds dismissively, “The question here is whether California voters can enforce those same principles through regulation of marriage licenses. They cannot.”

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With Judge Walker’s decision, it comes down to this for proponents of traditional marriage: go to the feds for constitutional protection of marriage, and they say regulating marriage is a state matter. Regulate marriage on the state level, and the feds will invalidate your actions as violating the U.S. Constitution.

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