An Alternative to the Federal Marriage Amendment

By: Terry Mitchell
Submitted: 2007-01-17 16:24:00
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To no one's surprise, the Federal Marriage Amendment failed in the Senate last month, and then in the House this month. Because of all the liberals in Congress, a two-thirds majority in a favor of it was never possible and the amendment was doomed from outset.

However, for those of us who favor the concept of preserving marriage as a union between a man and a woman, all is not lost. I believe there is an alternative to the amendment that just failed. This alternative, if passed, would accomplish pretty much the same thing as the original, since most states already have laws or constitutional amendments on the books which ban same-sex marriage. However, it would be without any infringement on states' rights and without the prohibition of gay marriage at a Constitutional level. In addition, this amendment would probably be more palatable to a broader range of legislators, and therefore have a better chance of passing.

I call it the "State Same-Sex Marriage Autonomy Amendment" and here is the text of what I am suggesting:

"No federal court, including the U.S. Supreme Court, shall have the authority to overrule, reverse, invalidate, or otherwise alter any state law or constitutional provision regarding same-sex marriage. Furthermore, no state shall be compelled to recognize the laws or constitutional provisions of another state regarding same-sex marriage."

So, in a nutshell, states would be free to make their own rules about gay marriage and wouldn't have to recognize those that might be permitted or performed in other states.

Terry Mitchell is a software engineer, freelance writer, amateur political analyst, and blogger from Hopewell, VA. On his blog - http://commenterry.blogs.com - he posts commentaries on various subjects such as politics, technology, religion, health and well-being, personal finance, and sports. His commentaries offer a unique point of view that is not often found in mainstream media.

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