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Save marriage in court . . . or Constitution?

Publication: The Washington Times
Publication Date: 26-SEP-03 		Format: Online - approximately 770 words
Delivery: Immediate Online Access
Full Article Title: Save marriage in court . . . or Constitution?(COMMENTARY)

Article Excerpt
Byline: Richard Lessner, SPECIAL TO THE WASHINGTON TIMES

Proponents of the Federal Marriage Amendment are right: This is a political fight that is worth having. But they are wrong in thinking an amendment to the U.S. Constitution defining marriage as the union of one man and one woman will save the institution from the depredations of the postmodern deconstructionists.

This is because the problem is not with the Constitution, but the courts.

Nothing in the text of the Constitution suggests the federal courts have the authority to define marriage for the 50 states. Indeed, our entire legal history powerfully reinforces the idea that marriage law is a matter of state's rights.

Yet the amendment's...

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