No, I fully support the effort, but that horse has left the barn long ago.
Appelate courts have held that the 10th amendment is null and void, and that the 14th is "supreme".
But the 14th amendment says NOTHING about "gay marriage".
Doesn't say anything about abortion, either, but we ALL know how THAT has turned out.
The biggest problem is black robed tyrants making $hit up.
I'm really surprised just how few states have just sat there and taken this.
Seems a slam dunk on tenth amendment grounds.
Again, we're not talking 13th amendment with regards to slavery.
Gays aren't slaves.
Nobody is "preventing" them from having "unions".
The US constitution is silent on the matter of marriage anyway.
So we go back to the 10th amendment.
If states don't fight to the death on this, there is no hope of retaining a republic.
Even the gayest of the gays should be outraged by overturning state constitutions by fiat, but they aren't.
The 14th amendment argument (flawed as it is) is not that the 14th amendment specifically protects some right to same-sex marriage. Rather, it is that state laws don't just grant the status/title of "married" to married couples, but also provide a wide range of tangible benefits and protections (tax benefits, inheritance/estate planning benefits, the marital privilege in court proceedings, etc.). So, the argument goes, states that restrict marriage violate the equal protection because they do not provide the legal benefits and protections of marriage equally.
It's a flawed argument, but one that does not depend on any specific protection of same-sex marriage.