What difference would a constitutional amendment make?
An amendment to the U.S. Constitution, depending on its wording, could be invoked to override state laws permitting same-sex marriages. The laws and Constitution of the United States can preempt state laws. Would it trump civil union laws? That would depend on the wording of an amendment and interpretations of the wording. Is the Supreme Court bound by constitutional amendments? Yes. But the court does interpret the meaning of amendments. Are the states bound by constitutional amendments? Yes. States must obey the Constitution. They are free to grant rights not barred by the U.S. Constitution, however, which is why the Massachusetts high court could declare a right to same-sex marriage under the state constitution. What will it take to amend the Constitution? Would it make any legal difference to the amending process if there is a new president? Under Article V of the constitution, both houses of congress must approve a constitutional amendment by 2/3 votes. Then 3/4 of the states must
