We’ve all heard about possible amendments that would prevent states from legalizing same-sex marriage. What about an amendment to the Constitution that does the exact opposite–prevent a state from prohibiting the denial of marriage to same-sex couples.
I suppose it would work something like the 15th or 19th Amendment, where it prohibits a state from passing a law excluding people from a right. Lest we forget, there is no federal right to vote–there is only a limitation on what grounds a state can use to constrain the franchise (race, gender, age, etc.).
So, the amendment would read something like:
The right of citizens of the United States to marry shall not be denied or abridged by the United States or by any State on account of sex.
(just changed the 19th Amendment’s “to vote” to “to marry”)
Many libertarians and some conservatives take the position that they have no problem with a state legalizing gay marriage, and would vote for it in their home state. But would they support this amendment?
Would President Obama? I think the answer is no, as he seems to be okay with states deciding whether same sex couples can marry?
Yes, I am putting aside the argument that the 14th Amendment already ensures that states cannot discriminate against same sex marriages.