A question that interests me in the wake of Obergefell
Rather than hang another comment on Pik's post where it would be diversionary anyway, I'm just going to start a new thread to focus on it. I picked this excerpt from Chief Justice Roberts' dissent from Ann Althouse's blog (she favors SSM). The empasis is mine.
The fundamental right to marry does not include a right to make a State change its definition of marriage. And a State’s decision to maintain the meaning of marriage that has persisted in every culture throughout human history can hardly be called irrational. In short, our Constitution does not enact any one theory of marriage. The people of a State are free to expand marriage to include same-sex couples, or to retain the historic definition.
This is obviously 10th Amendment territory. But my specific question is this. Let's say a state - Alabama might be the likeliest candidate - just says, yeah, we agree with Roberts. We're just going to keep our historic definition. Not sue, mind you, simply ignore Obergefell entirely. Terrible precedent, to be sure, and Roy Moore could expect some absolutely devastating Tweets.
But, really, what happens next? Paratroopers? Hardly. Economic sanctions? What? Against whom or what?
In short, what could a state actually suffer for simply ignoring Obergefell and not recognizing SSM?