I learned this in traffic school. In many cases, something that is state-governed, is individual to that state. Massacheusettes said you guys could marry, but Florida disagrees. Since Florida doesn't allow gay marriage, they're allowed to deny recognition of it. Some professions are the same. Different states have different guidelines and restrictions so you can get a business liscence in one state that isn't recognized in another because they have differing restrictions and guidelines and policies. Since marriage is a state-to-state affair, each individual state has the right to not accept something it doesn't support itself.
It needs to be legislated on a Federal level with all states having to recognize it, this should not be a state decision. This is a basic human right, people forget that. My mom had a patient a few weeks ago, he was a gay man, had a partner for 25 years, and his family who hated the gay side, kept the partner from seeing him in the ICU. Mom was so disgusted by that.
It has been legislated on a federal Level. In 1996 President Bill Clinton signed into law the Defense Of Marriage Act. It GAVE states the right NOT to recognize same sex marriages from other states. Those of us in the "marriage Equality movement believe it is unconsitutional. The constitutional issues most relevant to DOMA are the
Due Process and
Equal Protection Clauses of the
Fourteenth Amendment, which is concerned with the definition section of DOMA and the
Full Faith and Credit Clause, which is primarily concerned with the second section of DOMA. A right to marriage, overriding the provisions of state law, was found in
Loving v. Virginia. The
Full Faith and Credit Clause of the United States Constitution obligates states to give "Full Faith and Credit ... to the public Acts, Records, and judicial Proceedings of every other State." The Effects Clause (Art IV, § 1) grants Congress the authority to "prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof." Whether DOMA is an appropriate exercise of this power is disputed.
Critics of DOMA argue that the law is unconstitutional on several grounds including:
Several challenges to the law's constitutionality have been presented to the
United States Supreme Court since its enactment, but so far the Court has declined to review any such cases. Many states have still not decided whether to recognize other states' same-sex marriages or not, which is unsurprising as only
Massachusetts has yet issued licenses for same-sex marriages
as of 2006. Test cases are currently working their way thru the federal courts en route to the Supreme Court.