Last week’s New Jersey Supreme Court decision demonstrates once again that federalism works. The genius of our founders is on display in the Garden State. This decision makes it clear that the people of New Jersey don’t need federal intervention to deal with the question of how to treat gay and lesbian couples.

Not surprisingly, anti-gay groups and desperate politicians have used this decision to renew their push for the unnecessary anti-family Federal Marriage Amendment. This amendment tramples on the principles of federalism and is an unprecedented incursion into state affairs. Two hundred and twenty-five years of history show that the recognition and protection of families is an issue best handled by the states. Republicans have consistently advocated the importance of state and local governance. Rightly so, the GOP has railed against federal mandates and requirements. Now some in the party want to throw federalism out the window.

During the 2000 Vice-Presidential debate, Dick Cheney responded to a question about how same sex relationships should be recognized by government, “I think different states are likely to come to different conclusions, and that’s appropriate. I don’t think there necessarily should be a federal policy in this area.�

Former Congressman Bob Barr (R-GA), author of the 1996 Defense of Marriage Act (DOMA), stated in testimony before the Senate, “In the best conservative tradition, each state should make its own decision without interference from Washington. If this produces different results in different states, I say hurray for our magnificent system of having discrete states with differing social values. This unique system has given rise to a wonderfully diverse set of communities that, bound together by limited, common federal interests, has produced the strongest nation in human history.�

Regardless of your opinion about the New Jersey decision, there’s a process in the Garden State for citizens to respond to this case. If there’s a groundswell of opposition, lawmakers will be elected who support efforts to overturn the decision. Of course that’s not going to happen because polls show 56% of Garden State voters support marriage equality.

Anti-groups are desperate to pass a federal constitutional amendment because they are losing this fight. Proponents of the FMA are trying to use the United States Constitution to constrain the will of future majorities. FMA proponents do not want the democratic process to decide this issue in 20 years because they know they have already lost the battle for the hearts and minds of the next generation of voters. The far right fights for every inch of ground like it’s the last inch of ground because they know that every time they lose a battle in the fight for fairness – they lose it for good.

Support for marriage equality has increased five percent in the last several years. Within 20 years, the vast majority of Americans will support civil marriage equality. Opponents of basic fairness for same-sex couples understand this reality and they realize that an amendment to the United State Constitution is the only way they can freeze the progress of time. They do not care about the will of the people; they care about preventing state legislatures and voters in the future from deciding this issue in a way they do not agree with.

Opponents of progress in the fight for basic fairness would be wise to heed the words of Thomas Jefferson. Etched in stone at the Jefferson Memorial is this quote from the author of our nation’s Declaration of Independence: