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No “Activist Judges”, So Why Pass FMA? July 9, 2006

Posted by newsfittopost in congress, legal, lgbt Issues, marriage equality.
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Anti-gay groups are claiming victory after high courts in both New York and Georgia ruled against marriage equality. The loss for LGBT groups, however, also furthers the argument that a Federal Marriage Amendment is unnecessary and divisive. If the New York Court of Appeals, allegedly one of the more progressive high courts in the nation, does not find a right to marriage equality, then what is the need for a Federal Marriage Amendment?

The recent decisions and the anti-gay right’s continued call for an amendment banning marriage equality exposes the true intentions of proposing such an amendment… it is not to stop so-called “activist judges”, it is to make it more difficult to pass marriage equality legislation in the future. Anti-gay activists know the tide of public opinion is changing with the younger generation being much more supportive of same-sex marriage. These activists are attempting to subvert the will of the people by passing an amendment that requires 2/3 of the people to overturn it, unlike pro-gay legislation which would only require majority support. The Federal Marriage Amendment is not attempting to stop “activist judges”, it is attempting to keep a ban on marriage equality well after public opinion begins to support same-sex marriage.

Although the New York decision in particular was devestating, we can be grateful that it further undermines the argument for placing an anti-gay amendment in the U.S. Constitution. It will be interesting to see how anti-gay House leaders debate FMA now… the “activist judges” argument is invalid and the New York and Georgia courts furthered that point last week.

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