Thursday, September 14, 2006

More Opposition to Marshall/Newman

I almost missed this Monday post by attorney Steve Minor at the SW Virginia Law Blog, who notes the names of many Virginia lawyers who argue that the Marshall/Newman Amendment will have adverse effects beyond the simple prohibition of same-sex marriage that its proponents claim.

Steve goes on to write:

One of these days, I'll post my views on the amendment. I think that probably I am against it, just because it is mean-spirited and mostly a waste of time. The key legal issue, in my view, is wholly omitted from the Arnold & Porter brief, and that is whether a constitutional amendment, as opposed to mere legislation, would improve Virginia's position if and when the question is raised as to whether Virginia's institutions are obligated by the Full Faith and Credit clause of the U.S. Constitution to honor same-sex marriages or other domestic arrangements that are recognized by the laws of other states, principally Vermont and Massachusetts. I would not expect that the Virginia Supreme Court, notwithstanding its lame decision in the Martin case, will ever come out with an opinion like Goodridge. Indeed, the more liberal appeals courts in New York and Washington state have refused to join Massachusetts in finding state marriage laws unconstitutional.

Besides the legal arguments, I think the stigmatization of homosexuals for mostly political purposes is offensive, and an unfitting subject of legislative priority.
That last sentence encapsulates the situation perfectly. I only wish it fit on a bumper sticker.

3 comments:

Bill Garnett said...

Rick, I had the same response when I first read Minor's comments on his blog. One would think that attorneys, who are taught to be rational, would universally be against the amendment.

Tim said...

Soooo ... Minor thinks he's probably against it. Way to take a stand.

The best lack all conviction ....

Steve said...

Well, I did vote no, for whatever that's worth.