Will calls by gay rights opponents for a federal constitutional marriage amendment affect the appellate court judges?
I really don’t think so. Those calls are little more than political posturing. Amending the U.S. Constitution is a very difficult and time-consuming process – unlike amending the California Constitution. Since the adoption of the Bill of Rights, the Constitution has only been amended 17 times. Absent a constitutional convention, a proposed amendment to the U.S. Constitution must first pass both the House and the Senate by a 2/3 margin. Then, if that happens, the proposed amendment must be ratified by 3/4 of the legislatures of the states. Although approximately 200 amendments are typically introduced in each term of Congress, most do not get out of committee. Even though Republicans then held majority control of Congress and the presidency, the four times a federal constitutional marriage amendment was introduced between 2003 and 2008, it went nowhere. Federal judges understand this and the threat to amend the Constitution if the courts do not rule a certain way has not affected judici
