THE FEDERAL MARRIAGE AMENDMENT

Today, I posted a brief piece on SSRN.  The piece will soon be published in a symposium issue of the San Diego Law Review.  Thought that some MOJ readers might be interested.  The title:

Why the Federal Marriage Amendment Is Not Only Not Necessary, But a Bad Idea

The abstract:

The proposed Federal Marriage Amendment states:

"Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution, nor the constitution of any State, shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman."

In this paper, which is my contribution to a symposium issue of the San Diego Law Review, I explain - as the title indicates - why the Federal Marriage Amendment is not only not necessary, but a bad idea. This paper is a response to another paper in the symposium: Christopher Wolfe, Why the Federal Marriage Amendment Is Necessary.

To download/read the paper, click here.
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