My other question is WHEN are we going to see one of these state’s governors (backed by a conservative legislature) tell the FEDERAL GOV to go to Hell, when their judges overrule a state Amendment on Marriage?? When are we going to see a state gov. say “We won’t comply” and “You can’t make us”..
Between the 16th and 17th amendments the feds really got the states by the shorthairs.
The states send money to the feds and they get (some of) it back IF the states behave themselves.
No Governor has tried to openly defy a federal court order since Orville Faubus refused to desegregate Little Rock Central High. (No, I'm not comparing gay marriage to desegregation, I'm just pointing out why Governors don't defy federal courts.) President Eisenhower federalized the Arkansas National Guard. He also called up the regular army in case the Arkansas Guard refused to follow federal orders, although that proved not to be necessary. The National Guard escorted the black kids into the school, and the Arkansas State police, whom Faubus had ordered to keep them out, stood down.