[COEXERJ145]

The amendment route appears to be the ONLY route for protecting marriage.

Actually Congress could simply remove the ability for federal courts to hear such cases. Congress sets the jurisdiction for the courts and with a few exceptions that are in the Constitution, can prohibit certain types of cases from going before the courts. This would leave it as a state issue and not force the will of one state on all other states.

[KantianBurke]

"Congress sets the jurisdiction for the courts and with a few exceptions that are in the Constitution, can prohibit certain types of cases from going before the courts."

That's all well and good until either the Rats re-obtain power in Congress or the RINOs force our hand. Its better to end this issue once and for all with an Amendment.

[xzins]

However, this can be done by simple majority.

Therefore, congress could reverse themselves and remove that restriction on judges by simple majority in the future.

The amendment route makes it very solid law of the land that cannot EASILY be over-turned. We should do it NOW while the consensus is available NOW.

[cajungirl]

Your post 35,,I didn't know that. How is it done? That may be the key! Thanks.

[jwalsh07]

Actually Congress could simply remove the ability for federal courts to hear such cases. Congress sets the jurisdiction for the courts and with a few exceptions that are in the Constitution, can prohibit certain types of cases from going before the courts. This would leave it as a state issue and not force the will of one state on all other states.

True, that is clear in Article 3 but they have demonstrated over and over again that they will do no such thing. It is politically much more difficult for the Congress to order the SCOTUS off of marriage than it is to find support for a Constitutional amendment.

Not my firts chocie either but it is the only viable choice remaining. The preponderance of states who have passed DOMA and those who are now moving toward DOMA due to the MSJC is clear evidence that an amendment to limit the full faith and credit clause vis a vis marriage is doable.