Rick Hasen: Did the California Supreme Court Just Do John McCain an Inadvertent Favor?

Did the California Supreme Court Just Do John McCain an Inadvertent Favor?

Posted May 15, 2008 | 03:06 PM (EST)

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Today's 4-3 decision of the California Supreme Court striking down under the California Constitution a California statute limiting "marriage" to opposite-sex couples could help John McCain in the fall. (More coverage of the opinion itself at How Appealing.) The decision is based upon the California Constitution, which can be changed by the voters. And, according to this story in the S.F. Chronicle, it seems very likely an initiative overturning the decision through a constitutional amendment will qualify and appear on the November ballot.

This helps John McCain because those conservative voters may not have come out in great numbers for him, but they will come out now to vote for this amendment, and they are more likely to vote for McCain than for the Democrat once they are already voting. That's not to say that California will go red, but it is to say that the Democratic nominee will have to devote more resources to this very expensive to campaign in state.

- LeftNotRight See Profile I'm a Fan of LeftNotRight

I'm gay. I'm all for gay marriage. But why do we keep shooting ourselves in the foot prior to EVERY damn election?
Doesn't anyone realize that every time gay marriage makes news it rallies more scared EVILgelicals to the voting booth?? They're not going to turn out in numbers to elect John McLame. But they will if the sanctity of marriage is threatened by us horrible gay people.
Yeah gay marriage!!! BUT, let's push for it and make news with it once a democrat is in the White House!!!

Favorite Flag as abusive Posted 11:52 AM on 05/16/2008

- Storm See Profile I'm a Fan of Storm

It MUST be bad for Democrats, right?

(1) Looking at it the other way, you could say that Obama's strength in California makes this initiative doomed to failure.

(2) It's simply not going to make California competitive for McCain. Be real.

(3) "Deviants can now get tax breaks" -- this just changed the nomenclature. Your "deviants" were already doing just fine with respect to taxes under the law. You should worry about yourself, because at present there are no tax breaks for neanderthals. Bummer.

(4) With respect to #1 and some of the above comments, again, this may only highlight McCain's tepid stance on the issue.

Thanks for concern trolling, though. Better luck next time, Pruhfessir.

Favorite Flag as abusive Posted 04:18 PM on 05/15/2008

- chicagojosh See Profile I'm a Fan of chicagojosh

I doubt it. He's said many times that he believes gay marriage should be controlled by the state. If he talks about it at all, he'd either have to say he was alright with it or risk the Obama campaign spooling up reels and reels of past McCain interviews.

Favorite Flag as abusive Posted 03:42 PM on 05/15/2008

- steverexxx See Profile I'm a Fan of steverexxx

whatever--we can't let a presidential race between stand in the way of progress.

Favorite Flag as abusive Posted 03:12 PM on 05/15/2008

- fishsandwichesr2good See Profile I'm a Fan of fishsandwichesr2good

Deviants can now get tax breaks. Yep, that's "progress".

Favorite Flag as abusive Posted 03:41 PM on 05/15/2008

- steverexxx See Profile I'm a Fan of steverexxx

Deviant: a person whose behavior diverges sharply from a customary, traditional, or generally accepted standard.

Yes, treating abnormal and normal people as equals is progress.

Favorite Flag as abusive Posted 03:56 PM on 05/15/2008

- fishsandwichesr2good See Profile I'm a Fan of fishsandwichesr2good

At least you know the definition of "deviant". And I'm really fascinated that your stated position is to treat "abnormal" people the same as "normal" people. The logical extension of that is laughable. Good luck with that.

Favorite Flag as abusive Posted 08:36 PM on 05/15/2008