NATIONALIZING SSM?: Stanley Kurtz

This is all very interesting, of course, but I think the outcome on an amendment [in Massachusetts] is a lot less important than the fact that in three months Massachusetts will begin to issue marriage licences to same-sex couples. No amendment to the Massachusetts state constitution can go before the voters for two and-a-half years. That's enough time for suits to be filed in all 49 states calling for recognition of gay marriage. It's also enough time for a challenge to the federal Defense of Marriage Act to work it's way up to the U.S. Supreme Court. We could theoretically have gay marriage imposed on the nation by a decision of the U.S. Supreme Court before Massachusetts gets a chance to vote on an amendment to its state constitution.

So what counts is that Massachusetts has let loose the process of attempted nationalization. ...Either the U.S. Supreme Court is going to nationalize gay marriage, or we are going to pass some sort of Federal Marriage Amendment. In other words, the same race going on right now in Massachusetts (between the courts and the amendment process) is going to be replicated on a national scale.

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posted by Eve at 4:24 PM VOTE

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