The Federal Marriage Amendment does more than prevent same-sex couples from having marital status. In response to Professor Wolfe, this article contends that the Federal Marriage Amendment prevents state courts and state legislatures from choosing to grant marital status to same-sex couples. Gender complimentarity, the heart of Professor Wolfe's argument and the Federal Marriage Amendment's basis, is too controversial and problematic to bind future generations from allowing same-sex marriage. Even if society is currently opposed to same-sex marriage, this author concludes that the U.S. Constitution should not be amended in a way that prevents future generations from deciding whether to grant marital status to same-sex unions.
Why the Federal Marriage Amendment is Not Only Not Necessary, But a Bad Idea: A Response to Christopher Wolfe,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol42/iss3/10