[star]The American Mind[star]

March 04, 2004

Another SSM Compromise

Sen. Orrin Hatch has a marriage amendment that might be a workable compromise:

Civil marriage shall be defined in each state by the legislature or the citizens thereof. Nothing in this Constitution shall be construed to require that marriage or its benefits be extended to any union other than that of a man and a woman.

The principle of federalism remains intact. States could legalize same-sex marriage if they wanted to. More importantly, it prevents activist federal judges from claiming the legislative function as their own.

What will trouble social conservatives is that even if this amendment were added to the constitution SSM would probably be legal in every state within 20 years. Also, the amendment wouldn't directly address more creative marriage structures (polygamy, consentual incest, etc.).

"A Battle, Joined" [via Betsy's Page]

Posted by Sean Hackbarth in Culture at 10:47 PM | Comments (1)