Hmm, i see you using a lot of straw man arguments.. I think I said that people voting on a ballot is thier will, how ISNT it? Or do you only see freedom by denying the will of a majority by implementing government laws they dont want?
Let me put it this way for you Billy. Same sex marriage is only a state issue because of the Defense of Marriage Act (DOMA). DOMA makes it so that a same sex marriage performed in one state does not need to be recognized in other state, despite being a contract. That is in violation of the Full Faith and Credit Clause of the Constitution of the United States. As such, the Supreme Court could easily overturn DOMA or declare same sex marriage as a right, and thus void every state constitutional amendment ban on same sex marriage passed by the people through ballot initiative.
When such an event occurs, then the people could only do 3 things...
1. They could pass a US Constitutional Amendment defining marriage as between a man and a woman.
2. They could pass a Constitutional Amendment restricting the Supreme Court's powers.
3. They could pass a Constitutional Amendment overturning the entire Constitution.
The only way that a Constitutional Amendment can be passed is with 3/4ths of the states and 2/3rds of Congress. Far beyond a simple majority. People would have to elect a serious number of representatives who supported one of the three options above.
That is because America is a Constitutional Republic, not a democracy. What the people vote for in a ballot initiative to make a state constitutional amendment means absolutely nothing if the Supreme Court rules otherwise. The Supreme Court exists to protect the rights of the minority from the tyranny of the majority. And the will of the people is the Constitution of the United States, and it will remain so until the people elect enough representatives to pass a Constitutional Amendment overturning the Constitution of the United States. If they do so, then they can set up a democracy where a ballot initiative is the will of the people.
As such, same sex marriage officially became a federal issue when DOMA was passed. It has not been a state issue since the days of Clinton. It has only been restricted to states.
This civics lesson brought to you by Satya.