Suppose Congress passes and the President signs into law the following Federal Marriage Statute:
"Marriage in the United States shall consist only of the union of a man and a woman. Neither the constitution of any State, nor any state or federal law, shall be construed or enacted to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups."
Under this law, same-sex "marriages" recognized in the state of Massachusetts or any other state would not be permitted. Is this law within the power of Congress under the Commerce Clause on the theory that marriage is an institution that, as a class, substantially affects interstate commerce?
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