I agree with Mr. Wilkinson, a constitutional amendment is not the way to go with the issue of gay marriage. The amendment would ban gay marriage, thus limiting the rights of homosexuals. The Constitution, however, is not for banning rights, but for reassuring the people's rights (along with a description of governmental organization). The Founding Father's did not imagine the Constitution suppressing the people, but rather granting equal rights. As Wilkinson comments, "[The Framers] did not envision our Constitution as a place to restrict rights or enact public policies." Furthermore, the Constitution is composed of amendments and articles that the whole of the United States mostly agrees upon. The matter of same-sex marriage, however, is far to controversial at this day an age for an amendment to be put in place. Putting in place a banning amendment across the whole nation would only cause chaos and riot. Letting state law decide their stand on the issue would be less problematic. If a gay couple lives in a state where same-sex marriage has been outlawed, they could potentially move to a different state which would give them a marriage license. If found the hypocrisy of conservatives on the issue of this federal amendment to be quite ridiculous. Wilkinson says, "Conservatives who eloquently challenged the Equal Rights Amendment... for federalizing core areas of state law now support an amendment that invites federal courts to frame a federal definition of marriage and the legal incidents thereof." Matters of marriage have always depended on state law, so why should Conservatives' opinions change to be in favor the Federal Marriage Amendment, when they were so strongly against the Equal Rights Amendment? This hypocrisy greatly angers me for I feel as though the Conservatives are letting their prejudice get in the way of their politics. I support state law for same-sex marriage mostly because I am a full supporter of same-sex marriage, and feel as though, if states can decide whether or not gay marriage is legal, then homosexuals will still have equal rights as any other American, even if they have to move to a different state. I could go into much more depth on why I believe that gay marriage is perfectly okay, and why it is rather idiotic, really, to ban two humans who love each other (even though they both have the same type of genitalia) from getting married. And though this is a constitutional vs. state government argument, my opinion on gay marriage has most likely shaped my opinion that this issue should be a state matter. If I were opposed to gay marriage, I might not mind that there would be an amendment banning it. However, it completely depends on the circumstances. Same-sex marriage being an issue for state government seems to make much more sense to me, but possibly, if there weren't so much controversy over the matter, a federal constitution might not be so ridiculous. However, our country is greatly divided on the issue, and I find it would be unhealthy for Constitution to become a greater matter of controversy than it is already.
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Tori, what a thoughtful and impassioned response to the reading assignment. You have a very strong handle on Judge Wilkinson's argument in his essay and you have presented a solid set of points to support your stance. I was struck by Wilkinson's emphasis on the consequences of seeking a constitutional amendment--not only for the reasons that you state--it's not what constitutions were meant to do--but also because it takes the decision away from the people---acting through their elected representatives. According to Wilkinson, the Framers intended such controversial issues to be debated loud and often by the people and worked out within the context of the legislative branch. Constitutional amendments at either the state or the national level thwart that process. What it really comes down to is who you think should make the ultimate decision on this issue. It's very similar to the debate over abortion and Roe v. Wade. We can bring that up tomorrow as well. Nice work!
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