Thompson Supports States’ Rights Amendment
Sunday, August 19th, 2007Fred Thompson said Friday that he supports a constitutional amendment that would nullify the full faith and credit clause with regard to gay marriage. “I don’t think that one state ought to be able to pass a law requiring gay marriage or allowing gay marriage and have another state be required to follow along,” Thompson told CNN’s John King in an interview Friday. Unlike some of the other proposals, this is a federalist approach that would put the decision in the hands of state legislators. This would probably be easier to pass than those proposals that would define marriage in the Constitution, giving a states’ rights argument to those who do not support a federal standard. The main reason that this is an issue is that we have a bunch of judges who should have run for legislative office rather than accepting appointments to the bench, and Thompson’s statements on other judicial matters, such as Roe, suggest that he understands that to be the crux of the problem.
While I find Thompson’s proposal favorable both to the status quo and to the constitutional definition of marriage, I don’t think marriage should be a legal matter. Instead, I think it should be left solely to the pervue of religion. If a church chooses to recognize same-sex marriages, they could do so and gay couples would be able to say that they are married. At the same time, those not approving of same-sex marriage would not be expected to recognize any special status for that relationship. In terms of legal arrangements, they could be made on an individual basis between two individuals and those two individuals and other parties. For example, if an employer wants to provide benefits for a significant other, the employee and employer would work out an individual arrangement as to who is covered under a particular plan. I’m sure Michael K will have some thoughts on how workable this would be, but I thought I’d throw it out there and see what discussion it generates.