How does same-sex marriage conflict with federalism?

Answer 1

In federalism, authority is divided between the national government and state/local governments. In the US, marriage law is in the purview of the States. The US Constitution requires each State to give "full faith and credit" to the laws of every other State; however, in the 90s the Federal government enacted a law, The Defense of Marriage Act, which exempts the States from this Constitutional requirement with respect to marriages between persons of the same sex.

Answer 2

Federalism refers to the US Federal Government imposing its will on the individual states. Federalism in the context of the legalization of same-sex marriage, refers to the federal government's refusal to recognize legal marriages performed in states. This can be seen as an abuse of federal power, since marriage has always been an area of law regulated by the states, not the federal government. In 1996, when Congress enacted the Defense of Marriage Act ("DOMA"), it was the first time since the founding of the country that the federal government legislatively invalidated a class of marriages legally performed under state laws.

Another concern pertaining to federalism and the issue of same-sex marriage is whether at some point in the future the federal government will force states that do not permit same-sex couples to marry to nevertheless recognize same-sex marriages performed by other states. Another concern is whether the federal judiciary will strike down state laws that prohibit same-sex couples from marrying.