Gonzales v. Raich – Legality of Medical Marijuana.

Subtitle: The Sovereignty of States Laws and the Upcoming Battle over Gay Marriage

In a ruling today by the Supreme Court the sovereignty of individual states and their laws was again threatened. The Supreme Court ruled that even though the medical use of marijuana is allowed in the state of California those using the drug can still be prosecuted by the federal government. The Supreme Court has reaffirmed the precedent that the laws of the federal government supersede those of the state government. This has some very interesting consequences.

Within the next few years there will be before the Supreme Court a challenge either to the law allow gay marriage in Massachusetts or against any number of states which have laws against gay marriage. This will also be influenced by the defense of marriage act which was established by congress which allowed for each state to set its own standards for the definition of marriage.

Should the Supreme Court decide that banning gay marriage is unconstitutional, it will also affect the Defense of Marriage act. If it does make the defense of marriage act null and void then all those states that have banned marriage would then be subject to a federal decision on gay marriage. Similarly if the Supreme Court finds the ban constitutional and congress supports this ruling with legislation then the state of Massachusetts could be forced to comply with a ban on gay marriage.

Medical marijuana and gay marriage have nothing in common other than their universality of controversy. It is intriguing that medical marijuana has given a potential glimpse in the coming battle over same sex marriage. As proven in this case states laws can be over ruled by federal laws.

While it seems that we have segregated the country in respect to gay marriage by many states enacting their own legislation, the warring parties have simply limped to their respective corners. Make no mistake there are several more rounds to go, with the final blow to either side inevitably coming in the highest court in the land.

Check out the Supreme Court Opinion here:

Check out My Way News’ article on the ruling here:

Check out the Defense of Marriage Act here:

Check out the Massachusetts Supreme Court Ruling on Gay Marriage here: