Marriage Amendment Miscue
Published on May 23, 2006 by Bruce Fein | Permalink
This article appeared in the May 23, 2006 issue of the Washington Times.
The Senate Judiciary Committee, prodded by President Bush, approved the wrong Federal Marriage Amendment (FMA) last week. The right amendment would have entrusted exclusively to Congress and state legislatures the decision whether to recognize same-sex “marriage.” In contrast, the wrong FMA precludes legislative bodies from recognizing same-sex unions irrespective of majority sentiments. It amends the U.S. Constitution to impose a nonrecognition requirement on every state and the national government even if majorities in Congress and state legislatures favor recognition.