Top Links: Why the GOP’s ‘states rights’ answer on DOMA won’t work come 2016

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Top Links: Why the GOP’s ‘states rights’ answer on DOMA won’t work come 2016

Top story: The problem for Republicans’ 2016 candidates on the issue of same-sex marriage is that the states are deciding.

The "let the states handle it" defense may not work for 2016-bound Republicans.Ron Sachs/picture-alliance/dpa/AP Images

Jun. 27, 2013, 9:05 PM EDT

By John Flowers

Top story: The problem for Republicans’ 2016 candidates on the issue of same-sex marriage is that the states are deciding.

The ‘serious’ candidates seem to have settled on some variety of states’ rights hot potato — here, you decide — when it comes to DOMA and same-sex marriage. For Marco Rubio, it’s stuff about “the democratic process” and how “each state … should decide their own definition of marriage.” (Marco Rubio)

For Paul Ryan, ditto “the states” and “the democratic process.” (Frank Thorp V)

For Rand Paul it’s a detour through bestiality with Glenn Beck — followed by a claim of sarcasm — but eventually ending up with the very similar sounding “agree to disagree”. (ABC News)

And one assumes that once the crickets stop chirping from the camps of Jeb Bush and Todd Walker, they’ll hit upon some version of “let the states decide,” too. (Reason) and (The Run 2016)

Problem is, that the states already are deciding and that the trend line on public acceptance of same-sex marriage — and homosexuality in general — are above water and climbing. (Gallup)

In swing-state Ohio, a clear majority of voters now back reversing its nine-year-old amendment banning same-sex marriage. (The Columbus Dispatch)

In Virginia, same-sex advocates have turned a 14-point deficit into a tie on the question in just seven years. (The Richmond Times-Dispatch)

And in Florida, well, even Republicans not named Rubio seem on board with the idea. (Tampa Bay Times)

In fact, looking to the next, next election — 2020 — Nate Silver estimates that support for same-sex marriage will be under 50 percent in only six states. (Five Thirty Eight)

Hell, even Justice Scalia understands what the DOMA decision, well, not so much hath wrought but hath symbolized. In as mean, snarky — but possibly prophetic — way, Scalia wrote in his dissent to the majority opinion that “By formally declaring anyone opposed to same-sex marriage an enemy of human decency, the majority arms well every challenger to a state law restricting marriage to its traditional definition.” (WSJ’s Law Blog)

And that roadmap could open a floodgate of litigation. (The New Republic) and (Politico)

John Flowers