Could the Federal Government say “From this day forward, all couples, regardless of gender, may be married in any Federal court. These couples will receive all the Federal benefits of marriage without discrimination. Any institution receiving Federal funds must recognize these marriages.”
In essence it would make SSM legal throughout the US because I can’t see any sate saying “Fine keep your billions in federal funds!”
Does the POTUS have the authority to do this or would it have to be a bill?
See? I told you it was probably stupid. I’m ignorant here, so fix me!