What Would the Authors of the 14th Amendment Think?

June 27, 2015

What would they think about how their Amendment has been used? For example. One of the briefs submitted to the Supreme Court in the recent Obergefell v. Hodges case (the same-sex marriage case) in support of the petitioners (that is, in support of the Court redefining marriage) was written by legal scholars at the Cato Institute. “The fact that the provision’s ratifiers [the 14th Amendment] didn’t automatically or explicitly understand that it would eventually require states to recognize same-sex marriages is irrelevant,” says Cato. I wonder what the authors of the 14th Amendment would think about this? Probably disgusted and aghast at how their Amendment has been used and abused over the years.

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