The attorneys general of fifteen states have filed an amicus brief with the Supreme Court in which they predictably argue that a ruling in favor of same-sex marriage will “irretrievably” destroy their right to self-government. From the brief:
The Constitution takes no sides on same-sex marriage, and therefore leaves the issue up to the free deliberations of state citizens. The fact that Americans have reached different conclusions about this novel question is not a sign of a constitutional crisis that requires correction by this Court. It is rather a sign that our Constitution is working as it should. In our federal system, this issue must be resolved by the “formation of consensus” at the state level. To resolve it instead through federal judicial decree would demean the democratic process, marginalize the views of millions of Americans, and do incalculable damage to our civic life in this country.
While the brief cites Loving several times and acknowledges that there are “constitutional guarantees” on the equal application of marriage laws, somehow those guarantees do not apply to LGBT Americans.