Legal Commentary

Family Research Council vs. the Second Amendment

By David Kopel

A new piece from the Family Research Council blasts Grover Norquist (President of Americans for Tax Reform; Member of the Board of Directors of the National Rifle Association) for joining the board of GOProud, an organization of conservative gay Republicans. Among the alleged sins on the GOProud agenda :

Equalize ?concealed carry reciprocity? amendment with gay rights via state rights. Support guns being carried and recognized across state lines, in order to further the agenda that gay marriages legal in only a few states be recognized legally in all. (July 2009)

To FRC?s credit, they link to the endorsement article written by GOProud chairman Christopher Barron. The article says nothing about using national handgun carry license reciprocity as a tool to force states to recognize gay marriage licenses issued in other states. To the contrary, Barron?s article makes the obvious point that national handgun carry will helps gays protect themselves from violent crimes, including gay-bashing.

The FRC article would have been better if it had not made an unsupported claim about Barron?s supposed motive. Rather, the FRC could have more plausibly made the slippery slope argument that, regardless of supporters?  intent, national carry reciprocity might set a precedent for mandatory federal recognition of marriage licenses. I don?t see a strong slippery slope possibility here, but the FRC is free to have its own risk assessment.

And obviously the FRC is free to organize is policy preferences any way it wants. Personally, though, I think that federal legislation which directly protects the Second Amendment rights of all Americans is far more important than whatever tiny effect the bill might have on gay marriage.   (HT: Snowflakes.)

Full post as published by The Volokh Conspiracy on June 23, 2010 (boomark / email).