I've been debating this question with Ed Whelan over on NRO's Bench Memos blog. Setting aside the question whether gay marriage is a good or a bad idea, I argue that FMA proponents have not demonstrated the sort of federal interest that would justify federal intervention, let alone a change to the Constitution. Here are the posts: Ed Whelan, my response, Ed's reply, and my surreply. I'll be on the road today, so if Ed posts a rebuttal, he'll get the last word.
UPDATE: Ed Whelan has the final word here (and I fixed the link to my surreply above).
Related Posts (on one page):
- The amendment is dead, long live the amendment:
- Gays, Federalism, and Minority Rights:
- Video of panel on marriage amendment now available online:
- The New York Times and the federal marriage amendment:
- Bush to retract support for a federal marriage amendment in Monday speech, news report says:
- Is the Federal Marriage Amendment Consistent with Federalism and Democratic Values?
- Another prominent conservative against a federal marriage amendment:
- Is Marriage a Federal Issue?
- Against a constitutional amendment banning gay marriage: