Summary
Bruce Fein's objections to amending the U.S. Constitution in order to limit marriage to a man and a woman, ("Marriage amendment miscue," Commentary, Tuesday), treat the amendment process as if it were no different from court usurpations of power, such as Roe v. Wade (the U.S. Supreme Court decision creating the right to abortion) and Goodridge v. Department of Health(in which Massachusetts Supreme Court created the right to same-sex marriage).
Mr. Fein doesn't object to an amendment banning only courts from creating same-sex marriage. He argues that it violates norms for amendments if it also prohibits Congress and state legislatures from creating it because an amendment "precludes legislative bodies from recognizing same-sex unions irrespective of majority sentiments." Fein also wants states to experiment before deciding if same-sex marriage is good or bad.See the full content of this document
Extract
The Amendment Process
Judging by Mr. Fein's analysis, you would think that constitutional amendments spring into...
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