There are multiple problems to be considered.
10th Amendment - It IS up to the State.
Federal Law - Intervenes when State Laws are in Disagreement.
Obama saying it should be up to the State is a Copout. He doesnt want it to cause too much contraversy because it is an Election Year.
What I think the Federal Governments proper role should be is to ensure that the States respect and recognize each others Laws. If it is Legal for such and such State, another state that has not legalized Gay Marriage needs to recognize the Law of which the individuals got married in.
States also need to recognize DIVORCE as equally as MARRIAGE. Guess what. Gay people get DIVORCED too. But when a gay couple gets married in a State that later changes its mind and does not recognize Gay Marriage, then that couple wants to get a divorce, that also needs to be recognized under Ex Post Facto. That means at the time, it was legal for those two people to get married, thus, it is recognized by that States Law, and allow them to get a Divorce.
Federal Employees and Social Security
I'll also try to exrpess my opinion to be as Constitutional as possible. The purpose of the 10 Amendment is to ensure that the Federal Govt recognizes a States Authority. Thus, Social Security and Federal Benefits need to be recognized by the State in which a couple has been recognized as married, according to the time and legal status of gay marriage in which they were married. They got married in a state that recognizes Gay Marriage, and even though that state may have changed its laws since then, the Federal Govt needs to respect the Law of that state when Gay Marriage was recognized. Thus, a couple got married when it was recognized, the spouces should be (and I hate this word, but people do pay into Social Security) *entitled* to receive those benefits. I believe that recognizing the Law of the State at the time that a Marriage had taken place puts the Federal Govt in the correct position of leaving decisions up to the state and only intervening when there is a disagreement between States.
What I do NOT want is the Federal Govt to have the power to EITHER ALLOW OR DENY Gay Marriage. A Federal Law that does either exceeds the Powers granted to the Federal Govt in the Constitution.
Now, trying to put aside my Personal Beliefs and think of this as Constitutionally as possible, are there any major issues with my interpretation of what should happen? I do believe that I am probably not 100% Constitutional in my interpretation, so please feel free to correct me if I am misinterpreting something. Again, trying to put my Personal Opinions of this aside and look at it from the "does this follow the constitution" perspective, so if Gay Marriage not something that you support, lets not even address Gay Marriage period and think of this as something completely different, such as, should smoking pot be a Federal Law, or some other topic that could be considered contraversial between States and Federal Govt, then work with it from there, as to not try to offend anyones Personal Beliefs.
Opinions?