Monday, December 01, 2003

Richard W. Garnett (of Notre Dame's Law School) on Federalism & Marriage on National Review Online:

"Still, given recent trends, it is not at all paranoid for those who support a federal marriage amendment to believe the Supreme Court will eventually declare that same-sex marriage is a constitutional right. If marriage is going to be federalized, one way or another, it hardly seems hypocritical for conservatives to opt for the constitutionally prescribed method of amendment and for their own preferred definition of marriage. They are not asking judicial elites to revise the Constitution in keeping with their own ideological commitments. Yes, a marriage amendment is an attempt to federalize the resolution of a controversial moral question. And yes, the Constitution would change, but as a result of politics and popular sovereignty, not legislative overreach or judicial fiat. The Constitution should not be amended heedlessly, and it should not be cluttered--as many constitutions are--with ideological baggage and special-interest goodies. That said, whatever the merits of a federal marriage amendment, it is not hypocritical for conservatives to support it."

Good arguments. I think I can get behind the Federal Marriage Amendment.

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