Stabone- That would be where I would start to have a major problem, if it's recognized by the federal government. But that doesn't have anything to do with adam and eve or adam and steve, rather that has to do with that isn't something that the federal government should have any jurisdiction over. That's a separtion of power, scope of government argument for me, having nothing to do with the underlying issue at hand.
The federal government does not in any way, nor should they, licensce marriages, that is a strictly state role. I said separation of powers I meant to say federalism, my appologies for anything unclear. Of course I wish the feds did interstate highways and military more or less only, so I'm a reactionary nut on that regard. The states were given police powers and should damn well have the right to deal with that without the feds stepping in, but that's really another topic for another day I think.
State constitutional amendments dont work. Guess why? Because the state courts can declare them "unconstitutional." Go figure. A Louisiana court did exactly that a few years back.
NAIU- As I said it has nothing to do with the issue, rather the fact that marriage licensing is dealing with stuff squarely within the states jurisdiction to deal with under our federal system, and I hate it when the feds get involved in that. Same way I feel about criminal prosecution on acts that don't cross state lines/involve federal property, same way I feel about feds regulating abortion, drug possession, alcohol consumption, or any of a host of other things that fall within the state police powers. The founders wisely set this stuff up to be dealt with at the state level b/c it is more responsive to the will of the people, rather than the federal government. The federal government is doing all sorts of things they have no business doing, and getting involved in regulating marriage would just be another. Has nothing to do with what they are regulating, rather the type of stuff they are regulating. Of course if texas recognizes you as married the feds would have to give you all the rights that other married couples have or it would be discriminatory, but that's simply treating all classes of people the same as opposed to deciding what people to put in what clases. That's not the role of the federal government and hasn't been for over 200 years.
Wulaw, Thanks for the clarification. I think you and I are in complete agreement, I just misunderstood your previous post.
