Federal Government Takes Away Marriage From The States

So much for state sovereignty . . .

CHARLES KRAUTHAMMER: Overall, the decision, I think, will inevitably lead to the overturning of all the laws in all the states that disallow gay marriage and it is in the rational the Kennedy opinion. The Kennedy opinion says that the states are sovereign on the issue of marriage and thus the federal government cannot impose its definition in the states.

If Kennedy had stopped with that, it would have been a conservative decision, it would have been essentially been a way of saying status quo prevails, those states that allow it will allow it, and those will do otherwise. But he had a second rationale, it wasn't just the federalist one, and the second rationale was the reason that the federal government cannot discriminate in states in which it is allowed between a gay couple and a straight one is because it undermines the equal protection clause. So, it is a form of discrimination.

So the logic of that is why is it only discrimination if you discriminate against a couple, a gay couple, in a state that allows it like New York and not a discrimination in a state that doesn't allow, like Texas -- it doesn't even allow the marriage in the first place. So in this opinion, I think it is absolutely inevitable seed of overturning all -- essentially nationalizing gay marriage in a way that Roe nationalized and abolished all the abortion laws. (Special Report, June 26, 2013)

http://www.realclearpolitics.com/video/2013/06/26/krauthammer_scotus_decision_will_essentially_national_gay_marriage_in_the_way_roe_nationalized_abortion.html?utm_source=newsletter&utm_medium=email&utm_campaign=rcp-today-newsletter