FMA 2.0: Eugene Volokh

Eugene Volokh: "For reasons I mentioned last month, I think this is much better, because it clearly lets state voters and legislatures enact civil unions by statute (though not by a constitutional amendment). I still have some objections. First, I don't see why states that do want to set up gay marriages should be barred from doing so. Second, I don't think the U.S. Constitution ought to protect state citizens and legislators from the overreaching of their own state courts interpreting state constitutions (at least where no individual constitutional right is violated by this). State courts' misconduct should be dealt with by the state voters and legislators through the state constitutional amendment process. Third, this proposal would probably block voters and legislatures from expressly enacting civil unions by constitutional amendment (though it will leave them free to enact them by statute, either legislatively or by initiative.)"
posted by Eve at 6:27 PM | link

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