opinion question: Disscussion Since marriage is not specifically addressed in th
ID: 456477 • Letter: O
Question
opinion question: Disscussion
Since marriage is not specifically addressed in the United States Constitution then it falls to the states to make their own laws. This explains why I have a waiting period to get married in Texas after obtaining my marriage license, but do not in Nevada – the states can make their own laws. Last June the United States Supreme Court addressed the issue of same sex marriage and ruled in Obergefell v. Hodges that states are required to issue marriage licenses to same sex couples and that states had to recognize same sex marriages from other states. Should the United States Supreme Court have done this even though under the laws of federalism marriage falls to the states to regulate? Some say yes and some say no for varying reasons.
Explanation / Answer
Yes, Supreme court could have done this, rightfullly well within the ambit the constitution, which provides suremacy to federal laws over state laws, in case of any conflict or overlap.State laws are bound by the federal law.
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