Comparing Institutional and Policy Explanations for the Adoption of State Constitutional Amendments

Abstract

The literature on state constitutional amendments remains undeveloped despite recent activity in the area of same-sex marriage policy. Previous studies have assumed that the adoption of state constitutional amendments is governed by routine policy considerations, but there are strong theoretical reasons for expecting attributes of state institutions also to affect adoption. In this study, I compare institutional and policy explanations for the enactment of state constitutional amendments prohibiting same-sex marriage. Although I expect routine policy considerations to affect the adoption of amendments, I also expect adoption to be influenced by attributes of state institutions, in particular, the capacity of state high courts to produce decisions favoring marriage equality. Using event history analysis, I find that the initial consideration of amendments is driven by policy considerations but that adoption is also guided by institutional considerations, such as the professionalization of state high courts.