Amendment constitutional gay marriage

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The vote has raised concerns that non-traditional families will be discriminated against. A conservative group initiated the referendum being held on Saturday and Sunday, and the influential Romanian Orthodox Church is backing it. Romanian law already prohibits same-sex marriages.

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Many U. Some amendments prevented a state from legalizing same-sex marriagecivil unions and domestic partnershipswhile others banned only same-sex marriage. Conservative activists who favor such amendments may refer to them as "defense of marriage amendments" or "marriage protection amendments.

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W hen President George W. Bush declared his support for a federal constitutional amendment defining marriage as the union of one man and one woman, his most vitriolic critics, such as Senator Edward Kennedy, accused him of playing a divisive, mean-spirited political game. The New York Times and Washington Postsupporters of the idea of same-sex marriage, raised a more sophisticated objection to the amendment: it betrays, they claim, the venerable principle of American federalism that respects states' relative autonomy in setting marriage policy.

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A gay marriage amendment, if adopted, could produce unintended and fateful consequences for the U. In amending the Constitution, unintended consequences should not be shrugged off lightly. Once an amendment is adopted, it can only be altered or removed by another amendment. Since a two-thirds vote in each house of Congress and ratification by three-fourths of the states is needed to approve any amendment, a small but zealous minority of Congress or state legislators can block the repair of a mistake.

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One of the great political debates that occupied our Founding Fathers was over the proper balance between democracy and individual rights. They had fought a war against the tyranny of a single monarch, but they were rightly concerned that the tyranny of the majority would do no better when it came to respect for minority rights. Fast forward to today and some see a form of this debate being replayed in two Supreme Court cases dealing with the contentious issue of gay marriage.

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What limitations does the Constitution place on ability of states to treat people differently because of their sexual orientation? The Court first considered the matter in the case of Bowers v Hardwicka challenge to a Georgia law authorizing criminal penalties for persons found guilty of sodomy. Although the Georgia law applied both to heterosexual and homosexual sodomy, the Supreme Court chose to consider only the constitutionality of applying the law to homosexual sodomy.

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Sasha Ingber. The Cuban government announced plans to remove wording that would open the island to same-sex marriage from the latest draft of its new constitution. In October, Cubans who protested the controversial amendment hung posters saying, "I'm in favor of the original design," in Havana.

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Skip to content. Public Education. The mission of the Division is to educate the public about law and its role in society.

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Blaming the Disabled Is Unconservative. Behind Closed Doors. T he gay-rights movement has been on an impressive winning streak.

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The FMA would also prevent judicial extension of marriage rights to same-sex or other unmarried heterosexual couples. An amendment to the U. Constitution requires the support of two thirds of each house of Congress and ratification by three fourths of the states.

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