The Federal Marriage Amendment: Unnecessary, Anti-Federalist, and Anti-Democratic (PA 570)
University of Minnesota Law School
Cato Institute Policy Analysis, Vol. 570, April 2006
Supporters of the proposed Federal Marriage Amendment claim that an amendment is needed immediately to prevent same-sex marriages from being forced on the nation. This paper offers four arguments against the proposed amendment: federal and state laws, along with constitutional doctrines, make court-ordered nationwide same-sex marriage unlikely for the foreseeable future; a constitutional amendment defining marriage would be a radical intrusion on federalism; a constitutional amendment banning same-sex marriage would be an unprecedented form of amendment; and the amendment as proposed reaches well beyond the stated concerns of its proponents.
Number of Pages in PDF File: 20
Keywords: Cato, Dale Carpenter, PA 570, Federal Marriage Amendment, FMA, constitutional amendment, same-sex marriage, federalismAccepted Paper Series
Date posted: April 2, 2007
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