Publication Date

2004

Journal

Issues in Legal Scholarship

Abstract

Proposals to amend the Constitution to prohibit same-sex marriages were recently actively discussed in the U.S. Senate and are likely to receive attention in the House before the year's end. This article situates arguments for these proposals within the history of attempts to amend the Constitution related to marriage by providing the first detailed, synthetic analysis of such previously proposed amendments. This examination reveals 133 previously proposed amendments to the Constitution relating to marriage, consisting primarily of proposals to prohibit interracial marriage, proposals to prohibit polygamy, and proposals to empower Congress to make uniform laws concerning marriage and divorce. By tracing the arguments made in support of these amendments, this article reveals a strong resonance between prior attempts to constitutionalize aspects of the institution of marriage and current proposed amendments. The article also argues that, in hindsight, the previously proposed amendments were not necessary because state and federal legislatures and courts were able to address problems relating to marriage without amending the Constitution and without destabilizing the delicate balance of power between states and the federal government.

Volume

4

First Page

[i]

Last Page

67

Publisher

Walter de Gruyter

Keywords

marriage, constitution, amendments, polygamy, same-sex marriage, interracial marriage

Disciplines

Constitutional Law | Law | Law and Society | Sexuality and the Law

Download

Share

COinS