Polemics & Exchanges

On Ending “Gay Marriage”

Did I read aright the piece on “Gay Marriage” by Prof. William J. Quirk (“What’s Next for the Imperial Judiciary? News, January)?  When he puts forth his solution, it turns out to be the passage of a bill that will give the “last word” to “[e]ach state’s high court.”  But as he himself points out earlier on, that will result in courts such as that in Massachusetts forcing “gay marriage” down society’s throat!  Professor Quirk does add that “Congress, if the states abuse their discretion, can always restore federal jurisdiction,” but one court has already abused its discretion!  So we are brought back full circle to a constitutional amendment.  What else is left?

        —Jonathan Chaves
Washington, D.C.

Professor Quirk Replies:

Mr. Chaves is, of course, well intentioned, but, if we follow him, he will lead us off a cliff.  The “gay marriage” issue—without a constitutional amendment—is easily winnable.  And more than “gay marriage” is involved: We have a good chance at starting to roll back the imperial judiciary.

Mr. Chaves wants a constitutional amendment to bar “gay marriage”...

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