Presidential hopefuls Minnesota Representative Michele Bachmann and Newt Gingrich simultaneously say they're OK with New York's gay marriage law and warn against it.

The rivals for the 2012 GOP presidential nomination oppose gay marriage and have sponsored legislation that would ban it – Bachmann as a Minnesota state senator and Gingrich as House Speaker – yet both say they believe in states' rights to enact their own laws.

“In New York state, they have passed the law at the state legislative level and, under the 10th amendment, the states have the right to set the laws that they want to set,” Bachmann said during an appearance on Fox News Sunday.

“That's up to the people of New York,” she responded when host Chris Wallace noted that she opposes such rights. “I think that it's best to allow the people to decide on the issue. I think it's best if there is an amendment that goes on the ballot, where people can weigh in.”

“But you would agree,” Wallace interrupted, “if it's passed by the state legislature and signed by the governor then that's the state's position?”

“It's state law,” Bachmann said. “And the 10th amendment reserves to the states that right.” (The video is embedded in the right panel of this page.)

Gingrich was asked about the issue during a Q&A session with reporters during a campaign stop in Indianola, Iowa.

“Iowa was a very different case from New York,” Gingrich said. “I mean, Iowa was seven judges deciding that they would arbitrarily overturn the laws and the culture of the state of Iowa which is fundamentally different. I mean New York at least, whether you agree or disagree with the outcome, it is in the elected process and it is in the legislature and it is with the governor and that's the right venue.”

“I helped sponsor the Defense of Marriage Act which basically doesn't transfer automatically to all 50 states. I think the president should be, frankly, enforcing that act and I think we are drifting towards a terrible muddle which I think is going to be very, very difficult and painful to work our way out of.”

“I believe that marriage is between a man and a woman. I think that's what marriage ought to be and I would like to find ways to defend that view as legitimately and effectively as possible,” he added.

Both oppose marriage equality, say they respect states' rights, but vow to fight such laws if elected president.