BARR ON FMA: Gabriel Rosenberg
Magggie, you claim Bob Barr is not really advocating states' rights, but the right of the courts to remake marriage as they see fit. You say the only solution to courts' overriding the will of the people is a constitutional amendment. But the FMA would not just bar courts from finding for SSM, but legislatures as well. The FMA would deny people even the option of convincing their legislature to approve SSM.

Besides no court is currently even considering granting SSM on federal constitutional grounds, it has been and still is being decided solely on state law grounds. So if an amendment is needed to stop this, it should come at the state level (as it did, for example, in Hawaii). If someone were really concerned about courts misinterpreting the US Constitution, the proposed amendment would leave out references to how state constitutions or state laws should be interpreted. There is an amazing arrogance in the FMA telling states how state constitutions and state law should be interpreted.


posted by maggie at 11:01 AM VOTE

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