Reply #8: A state's legislature can always [View All]

[customerserviceguy]

vote to amend a state's Constitution, but many have to then submit changes to a vote of the people. But that's not used often. A state legislature can enact laws that limit marriage to a man and a woman, and if the governor of the state signs that bill, it becomes law. However, that state's Supreme Court can decide that such a law is invalid, as has happened in Massachusetts and New Jersey, and to an extent, in Vermont.

It's a good thing that the rights of racial minorities were not put up for popular vote back in the Sixties, there would have been a very strong vote against them. While I believe the US Supreme Court would have struck down overtly racist statutes and constitutional amendments, it was far easier for them to go against 'custom', and simply do the right thing. I have a fear that it will take a LONG time for the anti marriage equality amendments to go away.