I've grown very tired of the Marriage Amendment debate. I as an LDS member supported the Amendment because, (a.) I have had concerns that liberal federal courts might make rulings that supersede the states laws and rights in this matter, (b) I believe my church leaders are led by divine inspiration and I follow their counsel. From the tone of many conversations I've heard regarding this issue I guess that I was quite in the minority. I was visiting Charley Foster's blog and he brought up an excellent solution regarding the timing and or language of a Marriage related amendment.
"If the federal courts threaten to take the question away from the several states, I say then pass an amendment giving the question to the states once and for all."
I know that this solution would not totally please the LDS church hierarchy, who for many years have been quite candid on this issue. However such an amendment would solve the concern that Federal court decisions could overrule state approved constitutional amendments. The amendment wouldn't (as Democratic senators alledged) chisel bigotry into the US constitution, but it would allow right leaning states to decide the issue how they wanted and left leaning states can allow gay marriage if they like.
The only Federal question I see is what marriages will the Treasury Department recognize for income tax purposes. If they allow individual state laws to rule, then alot of recognized marriages in some states would be nullified if the couple moved. If the Fed decided any marriage will be recognized no matter where it is solomnized, than states right will still be overruled. The Fed will still have to answer this question, what will marriage be defined as?