So, recently gay marriage got legal all throughout U. S. A, even tough it was already legal in some states. So dear americans, can you explain me one thing: If federal laws say "weed is illegal" but some states say "no it's not, here is legal" why when federal law say "gay marriage is legal", why can´t some states say "nop, here it's illegal."
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The Constitution of the United States contains a provision known as the Supremacy Clause, which makes federal laws and treaties the Supreme Law of the Land. The example you mention of some states "legalizing" marijuana is one that confuses a lot of people. Take Colorado for example. A lot of people will say that weed is legal in Colorado. That's not really true. Colorado has made it legal under state law, but it remains illegal under federal law. The federal government could go to court and get an injunction against Colorado's legal weed system in nothing flat. That's because of the Supremacy Clause. It's not happening because the federal government (under Obama) has chosen not to enforce the federal drug laws relating to marijuana in Colorado. It's a messed up situation, because what's occurring in Colorado isn't really legal; it's just being tolerated. The Supreme Court decision in Obergefell (the homosexual marriage case) is now the supreme law of the land. It was a very bad decision, because it didn't rest on any real Constitutional foundation, and was simply a policy preference disguised as a legal opinion by 5 unelected judges. But those 5 made for a majority of the 9 member court. So even though it's a bad decision, it is nonetheless controlling law that trumps the state laws and state constitutional amendments that say that marriage is what it's always been (one man and one woman). So those 5 unelected judges get to decide the issue for all the people in over 30 states that either voted for marriage to remain what it's always been, or whose elected representatives in the state legislatures enacted into law regarding what marriage is. That's why the lawlessness of the Obergefell decision is so tragic. Five unelected lawyers who happen to sit on the Supreme Court decided this issue for the over 30 states that had already decided it for themselves, and those 5 justices on the Court didn't even have a valid Constitutional argument for doing that. The 14th Amendment did not mandate the result in Obergefell. The only thing that mandated the result was the personal policy preferences of 5 unelected judges.1