Jonathan Rauch

In the following viewpoint, Jonathan Rauch contends that the states should decide whether to permit same-sex marriage. Most family law is decided by state governments, he argues, primarily, because intimate issues, such as marriage and divorce, are best handled close to home. A federal marriage amendment would strip the states of the power to enact same-sex marriage even if the state’s residents voted in favor of it, according to Rauch. Moreover, he maintains, amending the U.S. Constitution to deny gays and lesbians the right to marry would be a disturbing departure from the traditional amendment process, which has always expanded rights, not limited them. Rauch is a senior writer for the National Journal and the vice president of the Independent gay Forum.

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