probate judges to deny same sex marriage licenses. This directly conflicted with a federal court

decision on January 23rd, which legalized gay marriage in the state of Alabama. So,

what happens now? Are states able to defy federal law?

First off, as you may know, federal laws apply to the whole United States, and state laws

apply to just the state. When a conflict between federal and state law arises, Article 6, Clause

2 of the Constitution, AKA the Supremacy Clause, says that federal law trumps state law.

So, how is Alabama able to defy the federal ruling? Well, in most cases they’re not…

at least not for long. The feds have the Army National Guard on their side, which the President

can send in to enforce federal law wherever he or she needs it. Some states have their

own defense force, but it’s nowhere near as powerful.

In the ‘50s, Arkansas refused to comply with scholastic desegregation, and sent the

state army to block African American children, known as the Little Rock Nine, from attending

a white school. President Eisenhower responded by temporarily federalizing the Arkansas National

Guard and sending additional troops to enforce the new Supreme Court Decision. Similarly,

after the Civil War, President Grant resorted to federally prosecuting KKK members, because

Southern states refused to bring many criminals to justice. If the federal government wants

to assert its dominance over a state, it’s easy, and legal for them to do so.

But sometimes, they take a back seat. Recently, in Colorado, Washington, Oregon and Alaska,

marijuana has been legalized, despite federal laws, which maintain that the drug is still

illegal. In this case, President Obama has encouraged his administration to divert law

enforcement resources elsewhere. He says the trend towards legalization is growing. A US

Justice Department memorandum in 2009 confirms that when it comes to medical marijuana use,

they will let the states police themselves.

As of Monday, February 9th, the Washington Post reports that many Alabama county officials

still resisted issuing same sex marriage licenses, despite the recent federal court ruling. Currently

there is a lot of confusion in Alabama, and it may not subside until the Supreme Court,

America’s highest court of appeal, makes a decision on the issue. The Supreme Court

is slated to hear arguments on the constitutionality of same sex marriage in April. Today, 13 states

continue to ban gay marriage.

Think the Supreme Court is safe from the battle between Democrats and Republicans? They’re

actually more biased than you might think. Check out our video here to learn more. And

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