Fascinating email from a reader who observed a very similar proposal for a constitutional amendment in Ireland on the equally emotional issue of abortion:
Using a constitution for political ends is typically going to backfire. Just look at Ireland. In the early 1980s, a strong pro-life lobby forced a constitutional amendment banning abortion in every single case. There was already sweeping legislation on the books, and it was highly unlikely the Irish courts would have followed Roe v. Wade. This referendum tore the country apart, at a time of great economic difficulty. I was there. I remember. And so the amendment was passed. Move on to 1991. The Attorney General invoked this article to get a court order stopping a 14 year old rape victim from traveling to the UK for an abortion. The country erupted again. The case went to the Supreme Court, which offered a new interpretation of the amendment: since the language stated that the life of the mother and child were equally valued, the court decided that when the life of the mother was in danger, her rights took precedence, and abortion was permissible. The Court extended this further by saying that the threat of suicide was a valid reason. Since the girl in question was reportedly suicidal, the criteria were met, and the injunction was lifted. The country erupted yet again. Pro-lifers were enraged that their precious amendment had been interpreted in such a way. They demanded a new amendment. Others wanted the government to legislate in line with the Supreme Court ruling. Finally, the government offered a new amendment: one which would allow the right to abortion information, the right to travel for an abortion (these were controversial issues in the 1980s), and the right to limited abortion if the life of the mother was in danger. It did not allow for threat of suicide. Predictably, neither side of the debate was satisfied, and this third element was defeated, by a combination of conservative and liberal voters. And so it stands. Successive governments have refused to raise the issue again, although it remains fundamentally unresolved. Such are the perils of tarnishing a document like the constitution for political gain.
The other obvious precedent in America is prohibition. Add to this that the younger generation largely supports equal marriage rights and you have a disaster on your hands.
The Dish 