The Constitution, while overall a well-written ruling document, is flawed in the sense that it lets the states determine some individual liberties. Majorities of bigots should never have the ability to negatively affect other persons' lives just because of their beliefs.
Griswold - Right to birth control
Eisenstadt - Unmarried people can have birth control
Lawrence - Sodomy if you want to
GregOrr - Same-sex couples can get married
I'm all for the federal government legalizing gay marriage, but would such a law be constitutional? In finding certain provisions of the Defense of Marriage Act unconstitutional, a federal court found that states have the authority to regulate and define marriage, because marital status determinations traditionally have been viewed as falling within a state’s sovereign power. I'm not sure if this is the way it has to be, or just the way it traditionally has been, but a federal law legalizing gay marriage might be unconstitutional.
Further, licenses for marriages are issued by the state, not by the federal government. It is clear that the authority to define marriage ends at the state level.
- This is unconstitutional because of the Tenth Amendment. Marriage only became a legal entity in this Country because of the impact of traditional families have had on American society in the past. It's been positive in attention procreation and that's why the States' often recognize it legally because of its relation to human nature. Gay marriage completely undermines this to the extent, it makes it worthless to have marriage as a legal entity.