Thursday, June 15, 2006

Theofascists seek to put discrimination into Constitution--without Congress

Earlier this month, efforts to ban gay marriage by amending the Constitution failed badly in Senate. Now the religious right is considering appealing to state legislatures to call a Constitutional Convention under an obscure provision of Article 5 that would allow amendments to the Constitution without congressional approval. The Evans-Novak report has the details:

Meeting after the big failure at the offices of the social-conservative Family Research Council, the top leaders of the marriage movement — Catholic, Protestant and Mormon leaders among others — discussed the possibility of an unprecedented Constitutional Convention. Two-thirds (34) of the state legislatures would have to call for such a convention — which could be done only with great difficulty. Even then, no one knows what such a convention would look like or what sort of amendments could result from it.

Right-wing pundit Bob Novak, who writes the report, appears to be pushing the idea even as he calls it “rather fanciful.” Novak argues banning gay marriage through a constitutional convention would be difficult but not impossible:

[I]f such a convention were to pass a marriage amendment, we estimate that 28 states would easily ratify it. Another eight states may do so only after a protracted and bloody political fight (which could span an election cycle). That leaves supporters with two more states to go to reach the threshold of 38 (three-fourths), and only the most difficult ground to fight on — states such as Maine, Rhode Island, Oregon and Nevada are probably not ideal places to win such a fight, although not all would be unwinnable.

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