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View Diary: Stephanie Herseth and the Hate Amendment (423 comments)

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  •  Nope (none)
    If it were a constitutional amendment there would be no way for the SCOTUS to dump it.  All they could do would be to interpret as much as possible in the light of the other articles.  But if it explicitly prohibited any form of gay marriage or civil union, it would be game over.  
    •  At least theoretically (none)
      the Supreme Court has the power to negate a Constitutional Amendment if it fundamentally offends the entire purpose and spirit of the document.  For example, you can't amend the constitution to create a monarchy or to nullify the entire Constitution. This hasn't been tested though. Something tells me that this Supreme Court wouldn't take that step.

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