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Fred Thompson Proposes Marriage Amendment to Restrain Judges
The New York Sun ^ | Fri, 7 Sep 2007 | Ryan Sager

Posted on 09/07/2007 10:41:59 AM PDT by Josh Painter

Speaking in Sioux City, Iowa, moments ago, Fred Thompson endorsed an amendment to the Constitution that would prevent state judges from altering the definition of marriage without the direction of their states' legislatures.

Mr. Thompson has been under fire from social conservatives in recent days for refusing to support the Federal Marriage Amendment, which would define marriage in the United States as being between one man and one woman. He's said that such an amendment would conflict with his views on federalism.

Along with restraining state judges, the amendment Mr. Thompson is proposing would also mandate that no state be forced to recognize gay marriages from other states (such as, say, Tennessee being forced to recognize gay marriages from Massachusetts).

Mr. Thompson's proposal came in response to the second of two questions Mr. Thompson got from the crowd in Sioux City on the question of what the federal government's role should be in regard to homosexuality.

More to come, including video of Mr. Thompson's statement...


TOPICS: Constitution/Conservatism; Culture/Society; Government; Politics/Elections
KEYWORDS: elections; federalism; fma; fredthompson; gop; heterosexualagenda; homosexualagenda; marriage; marriageamendment; nomination
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1 posted on 09/07/2007 10:42:02 AM PDT by Josh Painter
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To: Sturm Ruger; Politicalmom; jellybean

FRED in IOWA Ping!


2 posted on 09/07/2007 10:44:12 AM PDT by FlashBack (WoundedWarriorProject.Org)
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To: Sturm Ruger
Fred Thompson endorsed an amendment to the Constitution that would prevent state judges from altering the definition of marriage without the direction of their states' legislatures.

He need to get on record to show that he wants to prevent federal judges from doing the same.

3 posted on 09/07/2007 10:47:07 AM PDT by FormerLib (Sacrificing our land and our blood cannot buy protection from jihad.-Bishop Artemije of Kosovo)
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To: FormerLib

He need to get on record to show that he wants to prevent federal judges from doing the same.


What he said is close enough, I will be sending him some of my hard earned after tax money.....................


4 posted on 09/07/2007 10:51:13 AM PDT by PeterPrinciple ( Seeking the truth here folks.)
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To: FlashBack

If a constitutional amendment defining marriage goes against his views of federalism, he needs to explain how the alternative amendment he is proposing does not. That makes no sense at all. The only possibility I can think of is if such an amendment basically said that there was nothing in the US Constitution upon which a state judge could rely on in mandating same sex marriages. In other words, his proposed amendment would essentially state that it was up to each state to determine whether or not it same sex marriage is permitted in that state. If his views of federalism do not allow for the US Constitution to define marriage, then his version of federalism also should not dictate how a state should decide the issue.


5 posted on 09/07/2007 10:54:49 AM PDT by The Noodle
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To: The Noodle

The actions of a few judges is what is motivating his decision process on this I believe.


6 posted on 09/07/2007 10:59:34 AM PDT by FlashBack (WoundedWarriorProject.Org)
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To: Sturm Ruger

This is interesting. I hope to see the video tonight. Makes sense.


7 posted on 09/07/2007 11:00:36 AM PDT by hoosierpearl (To God be the glory.)
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To: PeterPrinciple

Well, good to see he’s on the record about favoring an amendment on marriage.

When the gay marriage issue first came up in the mid 90s in a court case there, many states did not specifically define marriage as a man and a woman. So then many states did pass laws on the subject, as did the federal government. And we were told that a federal amendment wasn’t needed, and that defining marriage in the law was good enough.

But as we see in Iowa, judges are now comfortable with overturning laws that define marriage as 1 man 1 woman. Some opposed to marriage amendments have said it’s not needed because if the regular law defines marriage, that’s good enough. Well, clearly it’s not good enough, as liberal judges have shown they are not shy about throwing out marriage and family law.


8 posted on 09/07/2007 11:00:53 AM PDT by Dilbert San Diego
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To: The Noodle
Like you I am confused by this new proposal. Why not let each state amend their state constitution to forbid state judges from interpreting that state's constitution as requiring that gay marriage be allowed?
9 posted on 09/07/2007 11:03:09 AM PDT by rogue yam
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To: The Noodle

It has always been the states that issued marriage licenses and the federal government has never done that. Each state has always made their own conditions for the basis of a marriage, what age you can get married. It has always been state law since the beginning of our country. It would be far easier to duke it out in your own state with your own state legislators than to try to do it nationally.

Something like he is proposing might also hold back a federal judge in making a ruling.


10 posted on 09/07/2007 11:05:03 AM PDT by hoosierpearl (To God be the glory.)
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To: Dilbert San Diego
Fred Thompson endorsed an amendment to the Constitution

I assumed he meant amendment to the federal constitution as he is running for a national office. If so his reasoning might not be the same as mine but it is good enough. Guess this needs clarification.
11 posted on 09/07/2007 11:06:15 AM PDT by PeterPrinciple ( Seeking the truth here folks.)
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To: Sturm Ruger

Fill their holes with soap.


12 posted on 09/07/2007 11:06:56 AM PDT by Old Professer (The critic writes with rapier pen, dips it twice, and writes again.)
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To: Sturm Ruger

Souls! Souls, and Hope, Hope.


13 posted on 09/07/2007 11:07:57 AM PDT by Old Professer (The critic writes with rapier pen, dips it twice, and writes again.)
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To: Sturm Ruger
Good.
14 posted on 09/07/2007 11:08:22 AM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: Dilbert San Diego
Along with restraining state judges, the amendment Mr. Thompson is proposing would also mandate that no state be forced to recognize gay marriages from other states (such as, say, Tennessee being forced to recognize gay marriages from Massachusetts).

Looks like he is proposing a Federal amendment. May not be the exact wording of the marriage amendment act, but CLOSE ENOUGH FOR ME!
15 posted on 09/07/2007 11:08:54 AM PDT by PeterPrinciple ( Seeking the truth here folks.)
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To: Sturm Ruger

Fair enough.

If the Defense of Marriage Act, which Fred voted for, is overturned on the federal level, I’m sure he would back a federal amendment restraining judges.


16 posted on 09/07/2007 11:08:59 AM PDT by Reagan Man (FUHGETTABOUTIT Rudy....... Conservatives don't vote for liberals!)
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To: Sturm Ruger

When I first saw the headline, I was hoping that it meant that Fred lined up with the FMA.

Mitt Romney is supportive of it, and that would would have been a good thing.
But on reading it, it seems to say something quite a bit weaker. “Speaking in Sioux City, Iowa, moments ago, Fred Thompson endorsed an amendment to the Constitution that would prevent state judges from altering the definition of marriage without the direction of their states’ legislatures.”

I don’t see how a Federal Constitutional amendment directing state judges is any less violative of ‘federalism’ than a simple legal declarative statement that marriage is defined as a union of one man and one woman. So Fred is signing up for an amendment that keeps the bad stuff but doesn’t keep the good stuff - which is to settle this issue once and for all for the whole country.

This is the text of the FMA.

“SECTION 1. Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution or the constitution of any State, nor state or federal law, shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups.”

Thinking about how much further the Federal Government goes in tying the states on matters like environment, education, health care, welfare, workers regs, etc. This is about as much of a threat to States Rights as the 13th amendment abolishing slavery.

Nevertheless, Pedantic types will use the Federalism red herring to attack a good idea... eg Ron Paul doesnt like the FMA:
http://www.lewrockwell.com/paul/paul207.html

I’m quite underwhelmed by this unwillingness to properly defend the traditional 1500-year-old definition of marriage in western civ. FMA support should be a slam dunk.


17 posted on 09/07/2007 11:11:07 AM PDT by WOSG (I just wish freepers would bash Democrats as much as they bash Republicans)
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To: Sturm Ruger
Okay, now this I can live with. It is essentially what the original marriage amendment did. One question: Wouldn't this require that states which opt for homosexual marriage call it something different?

Okay a second question. How do you deal with the federal benefits of marriage? Since Fred already voted for the DOMA, he has voted to recognize marriage as one/man and one woman for the purposes of the federal gov't anyway. So is DOMA enough to make it a federal policy that no homosexual marriages are awarded federal recognition and benefits?

I don't like this, and I think it is perfectly legit for the federal gov't to set boundaries just as they did with Utah in the 1800's. But this may be the best we can hope for at this point. Everything else being suggested is much worse.

18 posted on 09/07/2007 11:11:42 AM PDT by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: The Noodle

Nicely said, and an interesting paradox: how can you legislate social conservative values on the federal level while simultaneously supporting states’ sovereignity? This is Thompson trying to pander to all sides; and it just might work.


19 posted on 09/07/2007 11:12:59 AM PDT by FreedomFromGov
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To: Dilbert San Diego
But as we see in Iowa, judges are now comfortable with overturning laws that define marriage

Just to review the facts on this so everyone knows:

THIS WAS OBVIOUS JUDICIAL ACTIVISM

1) A county judge made this ruling

2) He told the county court house to IMMEDIATELY IMPLEMENT his ruling which is odd on a controversial ruling such as this

2) Iowa requires a 3 day waiting period which some how ONE perverted “couple” found a judge to provide the exemption BEFORE the ruling was put on hold.

20 posted on 09/07/2007 11:14:52 AM PDT by PeterPrinciple ( Seeking the truth here folks.)
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