Matt Stinson would support a constitutional amendment forbidding Britney Spears from getting married again. Apart from the unfairness of singling out Ms. Spears for constitutional opprobrium (surely, the violations perpetrated by Jennifer Lopez and Larry King are equally deplorable), conservatives—as opposed to libertarians—might legitimately be concerned that such an amendment would lead to widespread sympathy for Ms. Spears engaging in nonmarital* sex, and—if we are to believe the cited Mr. Sullivan’s views on same-sex marriage—increased promiscuity by Ms. Spears and other individuals prohibited from the benefits of legal marriage.
On a more legalistic level, one might be concerned that such an amendment amounts to a bill of attainder and deprives Ms. Spears of equal protection (particularly if Ms. Spears is subjected to some nonmarital abuse), although it is unclear whether a constitutional amendment can be unconstitutional in its own right; an amendment reducing or increasing the Senate representation of any state in which Ms. Spears resides would clearly be unconstitutional, as would have any amendment passed in 1800 restricting someone from importing Ms. Spears as a slave, but these are clearly “corner cases” in the law. Such questions would no doubt lead to great controversy between the 9th Circuit Court of Appeals—which has jurisdiction over Nevada, undoubtably the site of any future Spears “marriage”—and the Supreme Court, inevitably leading to a further decline in public respect for both institutions.
Thus, and for reasons of good taste, I must decline Mr. Stinson’s implicit invitation to join his effort to amend the constitution. Nonetheless we should remain vigilant that the institution of marriage remain the sacrosanct cornerstone of American society. Or at least retain the possibility that Ms. Spears might, eventually, come to her senses and marry the proprietor of this weblog.
* Somehow, the word premarital doesn’t seem to fit.
1 comment:
I’d rather the amendment pass just to make sure that we no longer have to go on an O. Willis suicide watch. Worrying for the man’s safety during Britney’s first marriage was taxing enough on his readers the first time around. However, should you become Mr. Spears, may I ask for an invite to the wedding?