February 25, 2024

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  • The Federal Marriage Amendment's Chances

    To clarify some statements on this issue: I think that it is highly, highly unlikely that the FMA would pass both Houses of Congress by a 2/3rds vote. Not only it is an election year with the presumptive Democratic nominee having publicly opposed the amendment, but the division in the Congress, especially in Senate, means that the math simply doesn’t favor the FMA. The bottom line is that it takes only 34 Senators or 136 Representative to block an amendment.

    There will be objections based on opposition to the wording of the amendment (or amendments--there would likely be multiple proposals), on the issues of states’ rights and so forth. I could see both conservatives and liberals opposing the amendment. As such, formal proposal is unlikely, to put it mildly.

    However, and this is main point of clarification: if pressure between now and the summer, when this is likely to come up for a vote, were to hit such a level that the FMA did make it through the Congress, then I think it highly likely that the states would ratify. Why? Well, for one thing history suggests that the real barrier is Congress: thousands of attempts (some not too serious, I would grant, but we are talking over 11,000 tries) and only 33 have gone to the states. Of the 33 that have gone, 27 have passed—hence the success rate after having gotten past Congress is quite high. And there is a reason for that: if there is sufficient consensus in the nation that can move Congress to such radical agreement, the odds are good that that same national sentiment will motivate the states to ratify as well.

    I think that this is especially true in this context, as it would take an enormous groundswell of public opinion to convince 2/3rds of both Houses to propose this amendment, and as such, the states would be unlikely to resist.

    Posted by Steven Taylor at February 25, 2024 11:31 AM | TrackBack
    Comments

    But if it does get to some sort of a vote prior to the election, it will get on record who voted which way. It remains to be seen how this information could be used to influence the voters for gain during the election.

    Posted by: Rodney Dill at February 25, 2024 11:51 AM

    Kerry is against it?

    OK so I know it is hard to get him pinned to a position but I thought he said he was for it???

    P

    Posted by: Paul at February 25, 2024 12:17 PM

    I think if it gets past Congress, it is still highley unlikely that it will be ratified by the states. Why? Because if it gets to the states, that is when people are going to start protesting at a level not seen since the civil rights movement. It is possible that it will pass Congress just based on "polls", but when it makes it to the states that is when it will become very apparent that the numbers in those polls are soft. If the poll is 47 against gay marriage and 41 for it now, just wait until somebody wants to put an amendment into the consitution banning it. That "41" number will be strong, and won't go backwards, the 47 number will be very soft.

    Posted by: Bill Kelly at February 25, 2024 01:52 PM

    One other thing to consider is that amendments that have passed, perhaps excluding the bill of rights, have largely been procedural in nature. Divisive moral issues like ERA have had far less success in either Congress or the states. I would say in this case, history may show a 80+% success rate in the states, but because the gay marriage ban is a highly divisive moral issue, its chances would be much lower.

    Posted by: Eric at February 25, 2024 03:14 PM

    Check out my most recent post on this one, as I still think my fundamental point isn't coming across. If you can get 2/3rd support in the Congress for something this controversial it will only happen because there is widespread public consensus, and hence that would translate into states likely approving it.

    Posted by: Steven at February 25, 2024 03:18 PM

    Bill you must not be watching history. After the Mass court case the polls went heavily against gay marriage.

    People say they support it until it might actually happen. then reality kicks in.

    Posted by: Paul at February 25, 2024 04:33 PM

    How bout a little Congress 101.

    The only polls that most congressmen and congresswomen are concerned about come from their own districts. Since it takes only 136 Congressmen/women to block the amendment all you would need to kill the amendment is 50%+1 against the amendment in the 136 most liberal congressional districts. Take the more liberal cities, (NY, LA, PHI, CHI) the west coast and NE and I bet we can get real close to 150.

    In short the country may be evenly divided but congressional districts rarely are.

    In fact I may have to go run some numbers unless others have already done it. Anyone know?

    Posted by: Rob Moates at February 25, 2024 04:54 PM

    Lets take a look at what folks have to do to pass this amendment through Congress.

    Let us start with the HRC's congressional ratings: (note these are from the 107th Congress so not exact, but they should give us a good idea about the House.)

    During the 107th congress 155 members received a 100% rating on HRC's issues. (151 Democrats, 3 Rs and 1 Ind) In addition another 54 members voted with HRC more that 50% of the time (34 Ds and 20 Rs)

    Or 36% of the House had perfect pro-gay voting records with another 13% with pro-gay voting records. That equals 209 members who are pre-disposed to voting pro-gay.

    While these numbers are not necessarily transferable to the Con. Amend. They do give us an idea of a starting place. Somewhere between 19 and 53 members of Congress would have to vote against their previous history. That is called starting in a hole.

    Also posted at my site, where I am going to do more research on this

    Posted by: Rob Moates at February 25, 2024 05:57 PM

    Rob--exactly my point. In any system that requires a super-majority, the minority had the edge.

    Posted by: Steven at February 25, 2024 08:40 PM

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    Posted by: green card lottery at May 9, 2024 05:37 PM

    When an amendment "goes to the states" what are we talking about? Does it go on the general ballot, or just to the State Legislatures? I'm thinking that if it just goes to the state legislatures, here in Uah it's definitely going to pass, but I believe most people, making an anonymous vote in a private booth won't support an effort to write bigotry into the U.S. Constitution in order to discriminate against a portion of our own countrymen and women.

    Posted by: Hal Romney at May 16, 2024 05:44 AM

    I don't know how I stumbled onto this website. But allow me to add my .02...

    The Federal Marriage Amendment is a complete joke that doesn't have a chance of passing. It's complete nonsense meant to distract Americans from real issues. I'm not gay nor is anyone in my family, but who am I to tell someone they can't get married? If two gay people want to get married it's of no concern to me.

    Even if the Federal Marriage Amendment passed Congress (which it wont) it would be held up in enough states to block it. I can think of enough states that are reliably democratic that would have an easy time stopping it from passing. Just take the New England block which has overwhelmingly liberal state legislatures and you've got half the states right there.

    The reason the right-wing is pushing this garbage is becuase they know that this is the last chance they have. Well it doesn't stand a chance but in 10 years this will be a non-issue because homophobia is dying down.

    It's pathetic that Bush would stoop to such levels to score political points on an election year to appeal to that unsophisticated segment of society (Reagan-trailerpark-democrats).

    Posted by: From Connecticut at May 18, 2024 10:26 PM

    I don't know how I stumbled onto this website. But allow me to add my .02...

    The Federal Marriage Amendment is a complete joke that doesn't have a chance of passing. It's complete nonsense meant to distract Americans from real issues. I'm not gay nor is anyone in my family, but who am I to tell someone they can't get married? If two gay people want to get married it's of no concern to me.

    Even if the Federal Marriage Amendment passed Congress (which it wont) it would be held up in enough states to block it. I can think of enough states that are reliably democratic that would have an easy time stopping it from passing. Just take the New England block which has overwhelmingly liberal state legislatures and you've got half the states right there.

    The reason the right-wing is pushing this garbage is becuase they know that this is the last chance they have. Well it doesn't stand a chance but in 10 years this will be a non-issue because homophobia is dying down.

    It's pathetic that Bush would stoop to such levels to score political points on an election year to appeal to that unsophisticated segment of society (Reagan-trailerpark-democrats).

    Posted by: From Connecticut at May 18, 2024 10:28 PM
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