Of course gay marriage should be left to the states. Indeed, all marriage should be left to the states. Search the U.S. Constitution from start to finish, and you will find no reference whatsoever to marriage. You will, however, find the 10th Amendment, which reads as follows: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Marriage is not commerce, war, or taxation. It is unrelated to money, the post office, the patent system, or any of the other enumerated powers of the federal government. Its regulation is neither necessary nor proper in pursuit of those powers.
At the drafting of the Constitution, the states all had marriage laws of one kind or another. There were wide disparities among them, both then and now, and such disparities have existed at all times in between.
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