Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
The Peculiar Federal Marriage Amendment, Scott Dodson
The Peculiar Federal Marriage Amendment, Scott Dodson
Scott Dodson
In this essay, I discuss the Constitution's commitment to three themes--state power, individual liberty, and equality--and then demonstrate how the FMA is uniquely contrary to all three. I do not intend to go so far as to suggest that the FMA would be an "unconstitutional amendment," [FN8] if such things are possible, nor do I mean to suggest that same-sex marriage is or should be affirmatively protected by the Constitution. I mean only to suggest that proposed amendments that are contrary to existing constitutional themes should be scrutinized warily for thematic coherence. Because the FMA is contrary to three powerful …