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Jump to navigation Skip navigation. Neither this Constitution, nor the Constitution of any State, nor State or Federal law, shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups. The first sentence says that every state must deny same sex couples the right to marry.

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

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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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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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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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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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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. In its draft for a new constitution, the Cuban government is dropping a controversial amendment that would pave the way for same-sex 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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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.

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