Constitutional assault

San Francisco Chronicle

President Bush made it official: He wants to add an element of discrimination to the U.S. Constitution.

Bush announced his support for a constitutional amendment to ban same-sex marriage because "a few judges and local authorities" are undermining a "fundamental institution of civilization." Nonsense.

The real reason behind this renewed pitch for the amendment is the prospect that laws that discriminate against same-sex marriage are not sustainable under the equal protection provisions of the 14th Amendment. At some point, perhaps soon, the issue will reach the U.S. Supreme Court -- and the reasoning it used to strike down a Texas sodomy law last year may similarly invalidate laws that deny gays and lesbians the full rights and responsibilities of marriage. This nation has just begun to confront the many enduring inequities faced by same-sex couples.

The president's announcement is likely to elevate gay marriage as an issue in the 2004 election. ... The purpose of constitutional amendments should be to address the oversights -- or, in some cases, hypocrisies and contradictions -- of our Founding Fathers. The threshold for a constitutional amendment is substantial, and properly so. It would require approval of two-thirds of the U.S. House and Senate, and ratification by 38 states. ...

Even Americans who are uneasy about the notion of same-sex marriage should object to this assault on the Constitution.