Your second point is a fair one. I think if the amendment actually gets through to vote it would be better to pass it than not pass it purely from an implication standpoint, but it probably would be better to wait until the inevitable spanking lawsuit.
Also, I realize that "stuff that affects everyone" vs. "stuff affects only some people" is not the standard by which we determine what is controlled on a federal level vs. what is controlled on a state level, but in my opinion that is what it should be, which is why I don't disagree with this issue being handled federally instead of state-by-state.
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