[hunter112]

Isn't this pretty much the approach favored by Luis Gonzalez in his posts on other threads? If its different, would you explain, Luis?

[Luis Gonzalez]

Yes, pretty much.

I favor State Constitutional Amendments over DOMA's, and I certainly want to keep the decision out of the hands of the Federal government and keep it with the States.

My problem with the 1996 Federal DOMA (signed into law by that great defender of the institution of marriage, William Jefferson Clinton), is two fold:

1. The Constitution does not delegate to the United States the power to create a categorical exception to the Full Faith and Credit Clause, thereby inviting states to disregard the official acts of other states. Rather, the Full Faith and Credit Clause empowers Congress to enact general laws and to prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. Simply stated then, the Full Faith and Credit Clause does not allow Congress to decree that a state action which is disfavored by Congress on substantive grounds may be disregarded by states that share the congressional viewpoint. -- Source

2. I don't trust the Federal government.

Make the forces looking to legitimize same sex marriage fight 50 individual fights, not one "winner takes all" fight at the Federal level.

Why?

See item #2 above.

Thanks for the ping!