Wednesday, January 28, 2004


Here, for curious readers, is an argument for the Federal Marriage Amendment (by the editors of National Review Online). The FMA, as I have argued several times (okay, ad nauseam) in this blog, violates federalist principles. Suppose I had to choose between position 1 and position 2 in my previous post. In other words, suppose I could not have the federalist result (position 3). Which would I choose? I would choose position 1. I would rather prevent all states from allowing homosexual marriage than force all states to allow it. So my ranking is 3 > 1 > 2. Position 3 is well ahead of the others. Position 1 is preferable (though not by much) to position 2.

Why do I prefer 1 to 2? Because at this time, only a few states wish to allow homosexual marriage. (My evidence for this is that only two states--Vermont and Massachusetts--have seriously entertained it.) Not allowing these few states to allow homosexual marriage is less of a violation of federalist principles than forcing all the remaining states to allow homosexual marriage. The fewer infringements of federalism, the better. Of course, if things were to change and most states wanted to allow homosexual marriage, I would prefer position 2 to position 1--for the same federalist reason. Fortunately, I don't have to choose between 1 and 2. Both are vastly inferior to 3.

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