Dear TheSarge:
LESSON ONE (1) OF THE DAY: The state's power to regulate marriage, even when that power is exercised by majoritarian politics, is LIMITED by the Fourteenth Amendment.
The mob doesn't rule.
While the state court is no doubt correct in asserting that marriage is a social relation subject to the State's police power, Maynard v. Hill, 125 U.S. 190 (1888), the State does not contend in its argument before this Court that its powers to regulate marriage are unlimited notwithstanding the commands of the Fourteenth Amendment. Nor could it do so in light of Meyer v. Nebraska, 262 U.S. 390 (1923), and Skinner v. Oklahoma, 316 U.S. 535 (1942).
Source:
LOVING v. VIRGINIA, 388 U.S. 1 (1967).
See Section 1 of the Fourteenth Amendment:
"All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
LESSON TWO (2) OF THE DAY: The "black robes" are bound by the Fourteenth Amendment and cannot give legal effect to any state law that contravenes the Fourteenth Amendment.
See Article VI of the Constitution:
"This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land;
and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."