The Call for a Constitutional Amendment

In February 2004, President George W. Bush called for a constitutional amendment to protect marriage. The president said that DOMA was vulnerable to attack under the Full Faith and Credit clause, a sentiment echoed by numerous commentators. He stated only way to ensure that DOMA would not be struck down by “activist courts” is through an amendment that would” fully protect marriage, while leaving the state legislatures free to make their own choices in defining legal arrangements other than marriage.” Proposed amendments have been introduced in Congress, but no vote has yet taken place.

Bush threw his support behind a federal marriage amendment after events in Massachusetts and San Francisco. In late 2003 and early 2004, officials in both places seemingly authorized same-sex marriages.


Inside The Call for a Constitutional Amendment