How about abortion? Education? Welfare? Healthcare?I am.
And I personally think marriage laws are a matter for the states.
There are a whole... whole bunch of things that Congress has done without clear Constitutional authority.
You probably meant that they weren't as effective at shopping judges, right?But I arrive at that decision because marriage has traditionally been viewed in the law as a local governance issue. I don't take that position because I couldn't get my way on it in Washington, which is what the far right has done with these social issues once they started losing at the federal level.
It WAS a states rights issue. Every state had their own law and RvW struck them down.Abortion? Once Roe came down, suddenly it was a states' rights issue.
Marriage? Once DOMA fell apart and the folks in Texas couldn't shut down gay marriage in California, suddenly its a states' rights issue.
What do you mean "fell apart"? I think it was bad law but you are revising history here. California voted down gay marriage but the people were overruled by an activist judge.
DOMA polled well also.