Gay Marriage? Just Say "No"

As one might expect, Althouse has joined others (Ted Kennedy, D-Alcohol Interests) and Russ Feingold (D-Self-Glorification) in not-too-subtle disparagement of the proposed Federal Amendment to bar homosex "marriage."

The most telling argument they all make, because they cannot make an argument on the merits, is that Federalizing marriage regulations is an affront to States' Rights.

There's a good deal of irony in that argument, since States' rights have never, NEVER, been near and dear to the Left. (Think Lawrence v. Texas...)

As usual, Levin provides the applicable retort:

Let's take a step back. Who started this battle? The so-called gay-rights groups, who developed a litigation strategy of cherry-picking states where they thought activist judges would impose their definition of marriage on the public. And they succeeded in Massachusetts...

...the amendment process is a reaction to judicial activists who seek to crush the public will...

Some have argued that marriage is a state issue. But that hasn't always been the case. Indeed, polygamy was outlawed by federal statute in the 1860's. More importantly, federalism is about the sharing of power between the federal and state governments. The amendment process is the means by which the states get to participate in power-sharing decisions. After all, it takes three-fourths of the states (38) to adopt an amendment. Therefore, if 38 states believe they need protection from judicial activists, they will support the amendment. Our understanding of constitutional government has been so degraded that when a court, in effect, amends the Constitution it's accepted as almost commonplace. But if there's an attempt to trigger the legitimate, formal amendment process, the effort is disparaged.

Umnnh...yeah. It's not hard to imagine that 38 States will ratify this, effectively removing the issue from the hands of the "positivists" in legal circles and the judiciary. After all, wherever a State has had the opportunity to vote on the issue, the Homosex "marriage" crowd has lost, and lost big.

The reason the Left argues so strenuously is that they KNOW they will lose when it goes to the States; and they prefer the rulings of the Unelected Blackrobes to the wisdom of the People.