SALLY BARRINGER GORDON, a professor of law and history
at Penn Law, says the current effort to ban gay marriages
throughout the country reminds her of an earlier attempt to
outlaw polygamy. But there was one big difference: Utah was a
territory, not a state.
Today, attempts to stop the practice of polygamy would be viewed as interfering with state law, explained Gordon, who said that a constitutional amendment to prohibit same-sex marriage would go beyond anything the federal government has done before. “Such action would give our secular, national government unprecedented power over marriage,” Gordon said.
“If states are to be laboratories
in any real sense, we must
carefully consider that kneejerk
pull to centralize, even
when marriage is at stake.” |
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