I've been thinking about the various proposals for an FMA, and I've hit on one I'd support, one not proposed by anyone so far. If they were to amend the Constitution to prevent state judges and justices from requiring gay marriage simply because of language in a state constitution that wasn't intended to allow gay marriage but can be re-read in some postmodernist reader response theory as meaning that. I'm not sure how such an amendment would read, but it would have to require legislation to allow gay marriage. As I've opposed the FMA, people's responsed have indicated that somehow they haven't gotten clear that I disagree with what Massachussetts has done. Unelected leaders have sidestepped the legislative process, just as the Supreme Court did with the Texas sodomy law last summer.
There may be some state constitutions that require gay marriage, and California is one that people have argued does, simply because it's discrimination against men to deny them a right that we give women (to marry men) and vice versa. So this wouldn't be some ad hoc amendment designed to forbid whatever state constitutions say as irrelevant, no matter what it is. It should be the kind to prevent what MA has done, since there's no statement there, to my knowledge, that really bears on the issue. None of the arguments I've seen can justify what the state's highest court has done. That's the sort of thing the federal government can and should take a stand against. I'm not sure an amendment would be the best way to accomplish this, but I can't think of a better way. The FMA as proposed is not going to succeed. We already know how the votes are going to go. It's against the states rights that most of the people supporting it insist on in other areas, thus showing an element of hypocrisy unless they can give an argument why it's different in this case. Even those who insist on resisting gay marriage as much as possible will face these two objections, and the kind of amendment I'm suggesting will get around that. Someone who thinks the FMA as stated is wrong to begin with, as I'm at least inclined to think, should be even more excited to place the focus on where it really should be.