Reader John McGuinness (not the lawprof John McGinnis) writes:
One more note on waiting to pass FMA until a court uses the 14th Amendment or full faith and credit clause to force states to recognize same sex marriages — it would place FMA supporters in the position of having to invalidate existing same sex marriages, which is at least politically different from preventing them from being valid in the first place.
Andrew Sullivan has already anticipated this, saying that this would result in conservatives fighting for divorce, be undoing existing marriages, etc. Doesn’t it seem reasonable to want to settle what the rules are, so that same sex couples don’t get thrown into this now-we’re-married now-we’re-not roller coaster?
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