Texas

[SwordsMaster]

If you don't let states ban same sex marriage, you can't have others allowing it. I don't believe there is a federal law recognizing same sex marriages.

The nice thing about the state by state system is that it lets some states jump ahead of the rest of the country and test out new concepts.

But doesn't the federal government recognise state law as being, well, legal? That obviously doesn't make it federal law.

As an example a marriage performed in Massachusetts would still be legal and valid in Utah, isn't that correct?

[Sasaki Kojiro]

But doesn't the federal government recognise state law as being, well, legal? That obviously doesn't make it federal law.

As an example a marriage performed in Massachusetts would still be legal and valid in Utah, isn't that correct?

Sometimes. Law is basically confusing, that's why lawyers are paid so much.

It's a similar issue with medical marijuana. During the bush administration, they raided dispensaries in California even though it was legal there by state law. Now Obama has more of a "if it's legal there we won't raid them" policy.

[Samurai Waki]

The thing is, is that state legislation can easily be overturned by federal mandate, if it wishes to enforce their will. As it stands, Texas, like California, won't easily be able to keep such laws if the senate/president decide otherwise. These types of laws won't necessarily go away if we ultimately decide gay marriage should be legal on a federal level, they usually just vanish in time. Of course there are a lot of laws that are still on the books in many states that go against federal legislation, however they can't stand up even at a circuit court level. Yes, this legislation does expose a loophole, but it's ultimately useless if a gay marriage act is passed. I find it cute, but quaint.

[Strike For The South]

But doesn't the federal government recognise state law as being, well, legal? That obviously doesn't make it federal law.

As an example a marriage performed in Massachusetts would still be legal and valid in Utah, isn't that correct?

They should as per this http://en.wikipedia.org/wiki/Full_Fa..._Credit_Clause

However the rub comes in when these people wanted a divorce from something that is technically illegal.

Between the Evangellics in the North and the Catholics in the South I don't think there is a judge or lawmaker in the state willing to touch this.