Serious question on court activists and gay marriage

[darin]

So -

If a state supreme court ruled laws forbidding gay marriage violate their state's constitution....legislature can simply change their state's constitution, no?

[fj1200]

Yes they can. But no, it probably won't do any good if the bans violate SCOTUS and equal protection. See Alabama banning interracial marriage according to the State Constitution until early 00's but unconstitutional, and unenforceable, according to SCOTUS post Loving.

[darin]

but same with federal constitution. The population could change it via established protocols.

I'd love the feds to bow-out and let the states handle it.

[fj1200]

but same with federal constitution. The population could change it via established protocols.

I'd love the feds to bow-out and let the states handle it.

Of course they could; and probably working as well as Prohibition. But yes, it would be great if the States could handle it once you remove the copious references and laws based on marriage defined.