Bachmann Would Overturn NY, All Gay Marriage

By Meghashyam Mali, The Hill

26 June 11

n Sunday, GOP presidential contender Rep. Michele Bachmann said she would support a federal constitutional amendment which would overturn New York state's new law legalizing gay marriage and similar laws in other states.

On Fox News Sunday, Rep. Bachmann reiterated calls for an amendment that would define marriage as "between a man and woman."

Rep. Bachmann claimed that while New York's new law approving same-sex marriages which was signed by Gov. Andrew Cuomo on Friday was "up to the people of New York", the debate over defining marriage was "a state issue and a federal issue." She added that "federal law will trump state law on this issue."

"States have, under the 10th Amendment, the right to pass any law they like. Also, federal officials at the federal level have the right to also put forth a constitutional amendment", said Bachmann.

She said her support for states' rights as well as a federal amendment was "entirely consistent".

In a New Hampshire debate for 2012 GOP presidential hopefuls on June 13, Bachmann had been asked about a state law allowing gay people to marry. At that forum she said "I do believe in the 10th amendment and I do believe in self-determination for the states."

While it was "best to let the people decide" by placing marriage amendments on the ballot, Bachmann argued the split in state rulings and the federal government's interest in the issue compelled a federal amendment to resolve the debate.

"One thing that we do know on marriage, this issue will ultimately end up in the courts, in the Supreme Court. I do not believe the judges should be legislating from the bench," said Bachmann.