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Article
The Conservative Case against the Federal Marriage Amendment
Issues in Legal Scholarship (2008)
  • John C Yoo, University of California, Berkeley
  • Anntim Vulchev, None
Abstract
This Essay criticizes the proposed Federal Marriage Amendment as inconsistent with the principle of federalism. It argues that after recent Supreme Court decisions on the rights of gays, it is likely that federal and state laws discriminating against the recognition of same-sex marriages are likely to be found unconstitutional. It then argues that a constitutional amendment defining marriage is inconsistent with the purposes behind our federal system of government, and that a more preferable approach would preserve to each state the ability to define marriage for itself.
Keywords
  • Gay Marriage,
  • Federal Marriage Amendment,
  • Federalism,
  • Constitutional Amendment
Publication Date
March 21, 2008
Citation Information
John C Yoo and Anntim Vulchev. "The Conservative Case against the Federal Marriage Amendment" Issues in Legal Scholarship Iss. 5 (2008)
Available at: http://works.bepress.com/johnyoo/10/