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Why the Federal Marriage Amendment is not Only not Necessary, but a Bad Idea

Michael J. Perry
Emory University School of Law; University of San Diego - School of Law and Joan B. Kroc School of Peace Studies (2009-2012)

San Diego Law Review, Vol. 42, pp. 925-34, 2005
Emory Public Law Research Paper No. 05-30

Abstract:
The proposed Federal Marriage Amendment states:

"Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution, nor the constitution of any State, shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman."

In this paper, which is my contribution to a symposium issue of the San Diego Law Review, I explain - as the title indicates - why the Federal Marriage Amendment is not only not necessary, but a bad idea. This paper is a response to another paper in the symposium: Christopher Wolfe, "Why the Federal Marriage Amendment Is Necessary."

Accepted Paper Series

Date posted: October 20, 2005 ; Last revised: November 17, 2005

Suggested Citation

Perry, Michael J., Why the Federal Marriage Amendment is not Only not Necessary, but a Bad Idea. San Diego Law Review, Vol. 42, pp. 925-34, 2005; Emory Public Law Research Paper No. 05-30. Available at SSRN: http://ssrn.com/abstract=826726

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Contact Information

Michael John Perry (Contact Author) Emory University School of Law ( email ) 1301 Clifton Road Atlanta, GA 30322 United States 404-712-2086 (Phone)
University of San Diego - School of Law and Joan B. Kroc School of Peace Studies (2009-2012) ( email ) 5998 Alcala Park San Diego, CA 92110-2492 United States

Abstract

Date posted: October 20, 2005 ; Last revised: November 17, 2005

Suggested Citation

Contact Information

Michael John Perry (Contact Author)