Amendment One: Not Necessary

These opinions are my own and do not represent anyone else, or any other group.

One common criticism conservatives make of expansive lawmaking is the observation that many ideas, regardless intentions, reflect “solutions in search of problems.”

Under current state law, gay marriage is illegal in North Carolina. Amendment One, subject to public referendum during next Tuesday’s election, will not change this fact.

Polls and observations lead me to believe the majority of North Carolina residents oppose legalizing gay marriage. Current law upholds their beliefs.

One substantive argument made by Amendment One supporters is the need to protect the current legal definition of marriage from reversal at the hands of judicial activism. However, a constitutional amendment, while commonly seen as an effective solution, is not the only option available.

If residents and legislators are concerned about the potential legality of gay marriage via judicial activism, they should take advantage of existing authority granted the legislative process under the North Carolina Constitution (Article IV, Section 12). The Constitution provides the General Assembly the power to restrict the jurisdiction of State Courts, and it makes perfect sense for legal definitions of marriage to be left exclusively to the legislative process.

I respect the spiritual and moral foundation tied to the belief marriage should be defined as between one man and one woman. However, there is no reason to adopt an amendment serving no purpose other than replicate existing law.

If Amendment One passes, the citizenry will establish the precedent of adding “solutions in search of problems” to their Constitution. I do not believe they will appreciate the utilization of this precedent in the future.

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