[old and tired]

Well, as I said a bit earlier up - all three concepts came into the Law together. The Federal government has the power to regulate marriage - but it doesn’t have the right to define it.

But if they remove marriage from the equation, how is that trying to define it?

Right now when couples separate there's a legal mess (particularly if children are involved). That legal mess doesn't change whether or not there's been a marriage. There are still questions of support, property separation, and child custody.

[JCBreckenridge]

It’s no different from asking, “what happens if they were to suspend Habeaus Corpus.” They can’t suspend it and they can’t change the definition. They can only protect it.