Why the Case for Amending the U.S. Constitution to Prohibit or Regulate Gay Marriage is 'Not Proved'

Abstract

Conservatives and moderate Republicans (and more than a few Democrats) are waiting to see how vigorously President Bush will campaign, during his second term, for his proposal to amend the U.S. Constitution to prohibit recognition of any State of same-sex marriages. In his January 2005 State of the Union message, the President reaffirmed his support for the idea, but did not give a sense of how hard he will push.

In this short essay, we make some general observations on when amending the Federal Constitution is a wise thing to consider, and apply those observations to the question of gay marriage.