Eugene Volokh's Proposes New Language for a Federal Marriage Amendment


Respected pro-SSM legal scholar Eugene Volokh says:

The most interesting politico-legal question raised by Judge Walker’s same-sex marriage decision, I think, is whether it will provoke a new — and perhaps narrower — round of Federal Marriage Amendment activity. . . .

But now, with the federal district court decision recognizing a right to same-sex marriage, and another from last month striking down the federal government’s decision not to recognize same-sex marriages (using reasoning suggesting that states had a duty to recognize same-sex marriages), the matter is not hypothetical at all. The question: Will Republicans introduce a narrower amendment, perhaps saying something like,

“This Constitution shall not be interpreted in a way that would require any government to recognize a marriage, civil union, domestic partnership, or other similar status, other than a marriage between one man and one woman."

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