Spin Cycle

The biggest news of the day may have been the California Supreme Court's invalidation of a law banning same-sex marriage, as violating the right to equal protection of the law based on sexual orientation under California's constitution. Decision here.

It's a little eerie: This is what Massachusetts did in in the last presidential year, 2004. It produced a national outcry, lots of state level referenda to ban gay marriage on the ballot, driving Christian conservatives to the polls and, to some degree, helping Bush. But you have to wonder whether the same trick can work twice -- a lot of states passed bans, and they can't co it again.

Obama supports civil unions, not gay marriage. In his statement, he said: “Barack Obama has always believed that same-sex couples should enjoy equal rights under the law, and he will continue to fight for civil unions as President. He respects the decision of the California Supreme Court, and continues to believe that states should make their own decisions when it comes to the issue of marriage.”

This is fine, except the California court explicitly decided that no non-marriage substitute would do, that gays are entitled to the symbolic value of marriage itself. So his policy view, in the eyes of this court, does not grant gays "equal rights under law."

McCain opposes gay marriage, but never with a lot of passion, and wants to leave it to the states. Instead of moralism, he cites process: “John McCain supports the right of the people of California to recognize marriage as a unique institution sanctioning the union between a man and a woman, just as he did in his home state of Arizona. John McCain doesn’t believe judges should be making these decisions.”

This is, as in Massachusetts, a weak spot that is right in the conservative wheelhouse: It's another 4-3 court decision. When 4 judges suddenly discover a right that has supposedly been in a constitution undiscovered for decades or centuries, and 3 equally smart judges still can't find it, it seems a little... subjective.

One analysis of the politics: "Because Obama is not where the far left wants him to be (marriage) and McCain not where the far right wants him to be (a federal ban), this is not something either will probably make front and center."

But Beliefnet says it won't be so simple: It predicts that McCain will face a "moment of truth" with the Christian right over supporting a federal constitutional amendment to ban gay marriage -- which is exactly what Bush proposed in 2004 to rally his base after Massachusetts.