This is part seventeen of an ongoing series of articles containing my proposals for amendments to the Constitution. For someone who claims so fervently to be a “Constitutionalist”, how is it that I can be so eager to change the Constitution? Well, there are several reasons. For one thing, I believe that after the Bill of Rights, much damage was done by some of the amendments that were added and the legitimacy of some of their ratifications are questionable. Secondly, the Constitution has been violated so much that the necessity of further amendments is needed to resolve the resulting problems. But this should be done extremely cautiously. My amendments are extremely unlikely to ever be introduced, much less ratified, but hey, I can dream, can’t I?
Here is my seventeenth proposed amendment (subject to revision):
Section 1: Neither the United States nor any State shall bestow privileges, immunities, or protections of law contingent upon the sexual orientation, sexual behavior, or beliefs concerning sexuality of any Person.
Section 2: No funds shall be set aside by the
Section 3: No law of the
Section 4: This article shall not be construed as affecting the rights and responsibilities that parents have over their children.
Section 5: This article shall not be construed as prohibiting laws against certain sexual behaviors.
Section 6: All laws of the
Commentary on this proposed amendment:
The Federal Marriage Amendment does not put an end to sexual orientation based hate crimes legislation, anti-discrimination laws, civil unions, legally recognized domestic partnerships, etc., but only legally recognized gay “marriage”. It defines marriage and there are dangers in this. Most people who support a Federal Marriage Amendment do so, not because they want homosexuals to be punished or to take away their rights as citizens, but because they don’t want the government to give them (or any other group of people) any special rights or special protections under the law. Why not just say this, then? A form of this could be passed as law into the U.S. Code, but then it wouldn’t apply to the States. A constitutional amendment would also be more permanent.
This amendment would also forbid governments from giving people incentives to marry (which causes more divorces) and would prevent those who chose neither to marry nor to engage in illicit sexual behavior from becoming second class citizens.
Click here to read the next article in this series.