John McCain hasn’t said much about the California Supreme Court’s legalization of gay marriage earlier this month. In fact, God-o-Meter’s pretty sure that he personally hasn’t said anything whatsoever about the case, even while campaigning in California. The conventional wisdom is that the Golden Gate State’s ruling notwithstanding, gay marriage will be a much less salient issue in the 2008 presidential race than it was in 2004, when Massachusetts became the first state to legalize gay marriage and President Bush turned opposition to that development into a big applause line.
But The Weekly Standard argues that the California decision will become a national issue because the state lacks a Massachusetts-style law forbidding out-of-state gay couples from getting marriage licenses. So gay couples will try to get their California marriage licenses honored back home, setting of a national battle over marriage:
The 4-3 [California] decision… all but issues an invitation to out-of-state same-sex couples to migrate to California to be married between now and Election Day, November 4. This in turn makes certain that the federal courts will have the option of reinvolving themselves within a matter of months, regardless of the outcome of California’s referendum on a constitutional amendment restoring traditional marriage….
The Defense of Marriage Act is now the only (very shaky) legal barrier standing in the path of nationally mandated recognition of same-sex marriage. What is Obama’s stance on DOMA? He recently endorsed its repeal.
While the Weekly Standard argues that the coming national battle over gay marriage will strengthen John McCain’s hand in November, God-o-Meter must demur. McCain has so far been mum on the decision, creating the impression that it’s not much of an issue for him. And though the Weekly Standard claims that McCain “has prospectively endorsed the California amendment,” to ban gay marriage, God-o-Meter has seen no such commitment. Yes, the California decision turns gay marriage into a national issue as a practical matter. Far from exploiting that fact, however, McCain appears to wish the whole matter would just go away.
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posted May 27, 2008 at 1:23 pm
The “Defense of Marriage” acts, especially as proposed in Florida, is foolish and poorly thought through. In a knee jerk reaction they have created a bill that will wreak havoc with many relationships that they might otherwise find honorable and laudable. Elderly people who are extremely ill or even facing death and whose family is distant – or nonexistent – will have no one to care for them other than medical staff. Older couples for whom the tax burden is too great or whose emotional ties to family are to strong to allow for marriage late in life will have none of the privileges they currently enjoy as they support each other.
Rather than blaming “The Gays” for forcing his to happen, people need to recognize that the people who worded and support this bill are not clever enough to look farther ahead than the end of their noses. Thinking is a significant part of legislating. Thinking ahead is as important. Perhaps no legislation is possible because there rights are in fact guaranteed after all.
posted May 27, 2008 at 2:18 pm
McCain not only can afford to ignore it, he has to if he expects to win among independents.
posted May 27, 2008 at 8:08 pm
You forget, there are an awful lot of gay Republicans out there.
McCain doesn’t want to use their votes.
I want a president who can act and act fast, McClain doesn’t want to act at all. When the phone rings at three in the morning I want somebody who will answer the thing.
posted May 30, 2008 at 11:52 am
Interesting points you make, Dan…
- that Bush’s disdain for treating all citizens equally before the law became “a big applause line”,
- that gay and lesbian Americans working to be treated equally before the law will set “a national battle”,
- that you believe this “national battle” will somehow “strengthen John McCain’s hand”, and
- that you think McCain should “exploit” the issue.
So much for all citizens being “created equal”.
So much for “liberty and justice for all”.
So much for the right to “the pursuit of happiness”.
The California Supreme Court decision reinforces equal treatment for all, reinforces liberty for all – specifically, religious liberty (or have you forgotten that several faith denominations would gladly marry same-sex couples if their right to do so were not impinged by the clearly UN-Constitutional ban on them?), it reinforces justice for all, and it reinforces the right to the pursuit of happiness.
McCain (and America) will be the poorer for it if he were to “exploit” the issue. It will only cause even more division in a riven America.
Bush, it turns out, was not the “decider”, he was the “divider”.