It’s been amended. It had barred (among other things) the interpretation of any state or federal law to require that the legal incidents of marriage be conferred on any unmarried couple or group. That provision has been taken out–as Eugene Volokh and I suggested for slightly different reasons. This amendment to the amendment makes it clearer that a state legislature can adopt civil unions under the FMA.
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About the Author
Ramesh Ponnuru is the editor of National Review, a columnist for the Washington Post, and a fellow at the American Enterprise Institute.
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