Amendment constitutional gay marriage


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In an announcement fraught with social, legal and political implications, Mr. Bush urged Congress to act on the amendment quickly and send it on to the state legislatures. Quick action is essential, he said, to bring clarity to the law and protect husband-and-wife marriages from a few "activist judges. Kerry of Massachusetts, the front-runner for the Democratic presidential nomination, called an attempt to find "a wedge issue to divide the American people.

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Frequently Asked Questions about the Federal Marriage Amendment and Gay Marriage

Same-sex marriage is a fundamental constitutional right guaranteed under the 14th Amendment, the U. Saying "marriage is a keystone of our social order" and "inherent in the concept of individual autonomy," Kennedy's opinion in Obergefell v. Hodges makes gay marriage the law of the land in every state. In so doing, the court went past even the arguments advanced by Solicitor General Donald Verrilli and some gay-rights advocates who urged the more modest approach of merely striking down bans on gay marriage under the Equal Protection Clause of the Constitution.

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How Gay Marriage Became a Constitutional Right

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. The idea of extending marriage rights to same-sex couples did not become a political issue in the United States until the s.

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The president said he decided to endorse an amendment because of the Massachusetts Supreme Judicial Court's recent decision granting marriage rights to same-sex couples, and San Francisco Mayor Gavin Newsom's decision two weeks ago to begin giving marriage licenses to gay and lesbian couples. California high court may get same-sex marriage. Bush has been under pressure from social conservatives within his political base to come out in favor of such an amendment, several versions of which are floating around Capitol Hill.