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This is a complex legal question that even experts are not able to answer with certainty. However, based upon court decisions to date and legal opinions that I have read, a constitutional amendment to ban same-sex marriage is likely to be found constitutional in jurisdictions where same-sex couples have never been permitted to marry. However, it is likely that such an amendment would be found unconstitutional in a jurisdiction where same-sex couples have already been permitted to marry.

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Q: Is a same-sex marriage amendment constitutional?
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Related questions

How many states have on their ballot a constitutional amendment on same-sex marriage?

On November 6, 2012, one state -- Minnesota. The amendment failed.


Is there a constitutional amendment limiting marriage to opposite-sex couples only?

No. Governance of marriage has always been a power reserved for individual states.


Which constitutional amendment opposes same-sex marriage?

In the United States, there is no amendment to the federal Constitution that opposes same-sex marriage. Many states, however, have adopted amendments to their individual state constitutions that prohibit same-sex marriage.


Would you oppose a constitutional amendment for same-sex marriage?

No. I would not oppose an amendment to the United States Constitution guaranteeing Americans the right to marry someone of their own sex. I would, however, oppose an amendment that would ban same-sex marriage.


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What is the "constitutional orphan" of the Tenth Amendment?


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Senator Webb opposed Virginia's constitutional amendment banning same-sex marriage.


Should there be a consitutional amendment that allows gays and lesbians to legally marry?

No. A constitutional amendment is not necessary. Marriage is a state-level issue. The only thing the Federal Government can do is to strike down discriminatory bans on same-sex marriage.


Which state voted against a constitutional amendment to ban same-sex marriage?

Arizona did once, but then voted for it later. In November 2012, voters in Minnesota rejected an amendment to the state constitution that would have banned same-sex marriage.


What was the law passed in Florida based on amendment two?

The Florida Marriage Amendment, also known as Proposition 2 and The Marriage Protection Amendment, is a constitutional amendment to the Florida Constitution The ballot language says, "This amendment protects marriage as the legal union of only one man and one woman as husband and wife and provides that no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized."This proposition passed 62% to 38%.


Does Idaho Governor Butch Otter support same-sex marriage?

Governor Otter is publicly opposed to same-sex marriage and supports a constitutional amendment which bans gay marriages.


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They worked for a constitutional amendment-APEX


Which Constitutional amendment extended to the states the restriction that a state cannot deny an individual his constitutional rights?

14th amendment