To: ChicagoGuy
Pretty much the only power this amendment would take away from the states is the power to declare that a same-sex couple is married. In the absence of
Lawrence, that is a power that I would have been willing to leave with the states. But after
Lawrence, any state that exercised that power would probably force all other states to recognize such marriages too. So state power is threatened in any case, and this is a politically possible way to eliminate that threat, and to rebuke the Supreme Court at the same time.
An amendment that simply reversed Lawrence would almost certainly not get the votes of 2/3 of the members of the Houses of Congress and of 3/4 of the states needed to be ratified.
To: aristeides
"An amendment that simply reversed Lawrence would almost certainly not get the votes of 2/3 of the members of the Houses of Congress and of 3/4 of the states needed to be ratified." The fact that a different amendment would be difficult to pass doesn't make this one a wise one.
"But after Lawrence, any state that exercised that power would probably force all other states to recognize such marriages too." Actually, no. The Defense of Marriage act already took care of that. The amendment proposed above goes far beyond this and usurps the power of the states, tossing 200+ years of history out the window. No thanks.
To: aristeides
Pretty much the only power this amendment would take away from the states is the power to declare that a same-sex couple is married. In the absence of Lawrence, that is a power that I would have been willing to leave with the states. But after Lawrence, any state that exercised that power would probably force all other states to recognize such marriages too.
Absolutely correct.
An amendment that simply reversed Lawrence would almost certainly not get the votes of 2/3 of the members of the Houses of Congress and of 3/4 of the states needed to be ratified.
Yes, although the cheerleaders of Lawrence aren't gonna admit that their SCOTUS legislators overreached, and that they are now reaping the whirlwind.
To: aristeides
This Amendment will take away the right to define marriage from States permanently, and place it in the hands of the Federal Government.
The Full Faith and Credit Clause has within its verbiage the power to exempt States from recognizing marriages in other States, Congress sets up the rules by which the Clause can be exempted.
Thus far there are three exemptions to the Clause on the books, the first on marriages where the one or both of the spuses may be too young according to one State, the other concerns the relationship between the spouses (first cousins may marry in several States but not others, I forget what the third one is.
Trust the Constitution and the Founders.
Get more conservatives on the bench.
220 posted on
06/30/2003 5:48:59 PM PDT by
Luis Gonzalez
(Cuba serĂ¡ libre...soon.)
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson