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Saturday, August 23, 2003

BARR ON FMA: Craig Cardon

[Craig is a Lucius N. Littauer Fellow at the John F. Kennedy School of Government at Harvard]

To use Bob Barr's descriptive language, issues involving public morality also used to be "quintessential state issue[s]" until Lawrence v. Texas, but no longer. Accordingly, an activist judiciary is the focus of the FMA. Same-sex marriage is the vehicle, but reigning in a run-away activist judicial system is the destination. A constitutional amendment is drastic and must be considered carefully, but confidence in DOMA has waned in the reality of the ever waxing "penumbra" of the court.

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