The Corner

In Defense of the Va. Marriage Amendment

Another e-mail:

Interesting post from your Virginia reader from York Co.; I write only to note something curious about her statements concerning the constitutional marriage amendment on the ballot here.  She said:  I am not for or against gay marriage, definitely ambivalent, but I am adamantly against government intrusion and legislating in personal issues.”  I think that, like who knows how many, she hadn’t read the ballot issue itself.  In VA, an “explanation” is by law required to accompany amendment ballot issues, and it appears below the actual ballot question.  The explanation recounts that marriage between persons of the same sex have statutorily been illegal for 30 years; that civil unions and same-sex marriages from other states are also prohibited, again under statutes years old.  The ballot question would change nothing about the law in VA now in force.  It only elevates existing law to a constitutional matter in order to bar unelected state judges from overturning state law on state constitutional grounds.  Government intrusion and legislating on marriage has happened a lot in the last 30 years here; only elected representatives did so, not judges.  So what people who agree with your reader really mean is, I want judges to legislate.  Not a good thing, no matter what side you might be on.

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