All in the Family.

David Knight, the gay son of State Sen. William "Pete" Knight, California's leading opponent of same-sex marriage, wed his longtime partner in San Francisco on Tuesday. The LA Times reports:

The middle son of the conservative author of [California's] Proposition 22, which defined marriage as being solely between a man and a woman, David Knight, now a 43-year-old woodworker, and Joseph Lazzaro, a 39-year-old specialist in interior architecture, kissed and held hands as they were pronounced "spouses for life" under the landmark rotunda where more than 3,600 gay and lesbian couples have married since Feb. 12. "

In a wave of civil disobedience that the elder Knight has denounced as a "sham" and a "sideshow," gays and lesbians have been married in New Mexico, New York and Oregon, in addition to the ceremonies here that have been solemnized in defiance of state law.

David Knight said that after Prop. 22 passed, "communication effectively ended" between father and son, although six months ago he called his father "just out of the blue, to see if we couldn't slowly try to mend, but it was futile." Another example of how brazenly anti-family the "family values" crowd truly is.

The Anguish (and Resolve) of Gay Republicans.

The NY Times takes a look at gay GOPers in this frontpage article. Interestingly, the Log Cabin Republicans "worried last month that the president's backing of an [anti-gay marriage] amendment might demoralize or cripple" the group, but instead they've received a sudden increase in memberships and financial support. So the amendment has stoked the coffers of the anti-gay religious rightists, gay Democrats, and gay Republicans. It's like a full employment act for pro- and anti-gay activists.

Update: The Washington Post reports that LCR is launching a $1 million advertising campaign today attacking the administration for trying to ban same-sex marriage. Log Cabin leader Patrick Guerriero says that "his organization had received hundreds of thousands of dollars in donations in the last two weeks and that the ad campaign could be expanded if fundraising continues to surge." The ads, running in seven "swing" states, can be viewed through this link.

Coast to Coast: It Just Grows.

Meanwhile, a Portland, Oregon judge rules that the state's most populous county can continue to issue marriage licenses to same-sex couples. Seattle's mayor vows to recognize the marriages of gay city employees who tie the knot elsewhere. And in Asbury Park, NJ, a gay couple exchange wedding vows in City Hall after being issued a license by city officials,who claim New Jersey law does not explicitly ban such unions. Coming soon: the first state-recognized same-sex marriages in Massachusetts.

The Post’s First Draft of History (Plus a Tangential Rant).

The Washington Post takes a look at fast-moving recent events in "Same-Sex Marriage Vaulted Into Spotlight." From backlash to counter-backlash (or "frontlash"?), these are the benchmarks that are defining what some contend is "the fastest-growing civil rights movement we've seen in a generation."

A tangent: In the Post story, proponents and opponents of gay marriage both have their say, but this stood out:

Rick Garcia, political director for Equality Illinois, worries that too much focus on the marriage issue could jeopardize legislation outlawing discrimination against gays. "Sometimes, it makes our job harder," he said.

In other words, he thinks that adding more government directives on the hiring and promotion policies made by private employers trumps equality before the law and the ability to partake in society's most fundamental institution.

Giving priority to employment discrimination laws was the great hoax sold to the gay community, since (a) it's easy for companies to discriminate without formally announcing that they're doing so, and (b) the only way around (a) is through quotas/preferences tied to "disparate impact" studies showing the proportion of a minority in a given jurisdiction is under-represented in terms of a company's hiring/promotion numbers. That's just not going to happen with gays, so anti-discrimination laws are at best symbolic -- nice to have as a sign government doesn't countenance discrimination, but of little, if any, additional value.

Right and Left, Transposed.

Ok, back to marriage. In the National Journal's Feb. 28 issue (not available online), William Powers writes that gay and lesbian couples

are begging to embrace the very institution that President Bush and his supporters consider "the most fundamental institution of civilization," as Bush himself put it this week. In short, the Lefties want to do something so traditional it's downright conservative, and the Righties won't hear of it.

Pretty ironic, huh?

The New Mainstream.

And speaking of history in the making, conservative columnist George Will writes:

More telling was Chicago Mayor Richard Daley's casual statement that he would have "no problem" with Cook County issuing such licenses. Daley, whom you might send to Mars to show Martians what a typical American is like, is about as radical as a grilled cheese sandwich. His reaction to same-sex marriage is evidence that the American center has no stomach for what looks increasingly like a struggle over mere custody of the word "marriage."

Will goes on to note that "At this point it seems probable that the president's proposal to amend the Constitution to define marriage as between a man and a woman would not be ratified by three-quarters of the states even if it could -- which seems unlikely -- muster two-thirds support in both houses of Congress."

I think the social right is beginning to experience shock that their constitutional gambit has no traction, which may just drive them to push all the harder for it up to and at the GOP convention. At which point the public backlash to their anti-gay backlash just might give them whiplash.

The Great Gay Hope?

Even John Kerry's liberal supporters are growing increasingly worried over their candidates wishy-washy, both-sides-now stance on a range of issues, including gay marriage. Washington Post columnist Marjorie Williams describes herself as "a charter member of the ABB Society -- Anybody But Bush." But, she writes in a column titled "Win One for the Flipper," of increasing disillusionment with Kerry. "I finally lost my grip, though, when I opened my newspaper a few days ago to read of Kerry's latest lunge in the direction of some politically feasible position on gay marriage," she writes. In particular, when the Supreme Court of Massachusetts interpreted the state's constitution to require the option of gay marriage:

Kerry responded by endorsing an amendment to the state's constitution that would forbid gay marriage but allow civil union. He was the only member of his congressional delegation to take this stance, for good reason: Endorsing a constitutional amendment at the state level seriously undermines the arguments for fighting an amendment at the federal level.

The Washington Blade reports that Kerry's recent statements reverse a position he took two years ago when he signed a letter beseeching the Massachusetts legislature to terminate a similar amendment. Also noted by the Blade: After Julia Thorne, Kerry's wife of 18 years and mother of his two daughters,

requested an increase in alimony in 1995, Kerry sought an annulment of their marriage from the Catholic Church, a move observers saw as retaliatory. Kerry eventually received the annulment from the Boston diocese despite Thorne's vehement objections.

The Blade also recounts that in a Washington Post interview last year, Kerry said, "I have a belief that marriage is for the purpose of procreation and it's between men and women." Kerry's current marriage to heiress Teresa Heinz Kerry is childless.
Yes, just another defender of the sanctity of traditional marriage. Bush may be dead wrong and politically unsupportable, but at least he believes what he believes. You just can't say the same for Kerry.

A House Divided.

If you haven't read Andrew Sullivan's column on the Culture War, Reloaded, written for the Sunday Times of London and now posted on Sullivan's website, take a look. He writes:

There is no more drastic action available in America than amending the Constitution itself. Banning civil marriage for gays in the founding document itself therefore represented a huge and risky upping of the ante in the strife over marital rights.
--

President Bush came to office pledging to be a "uniter not a divider." But the nation under his leadership has rarely been more polarized. The war is upon us. And this election will be its battleground.

And as some of us see it, neither side, sadly, is worth cheering for.

More Recent Postings

2/29/04 - 3/06/04

Bush’s Case for Same-Sex Marriage

First published on March 7, 2004, in The New York Times Magazine.

In endorsing the passage of a constitutional amendment that would restrict marriage to the union of men and women, President Bush established himself as the country's most prominent advocate of same-sex marriage.

To be more precise, he established himself as the most prominent advocate of the best arguments for gay marriage, even as he roundly rejected gay marriage itself. Consider the words that he spoke in the Roosevelt Room of the White House on Feb. 24.

"The union of a man and woman is the most enduring human institution ... honored and encouraged in all cultures and by every religious faith." Correct. Marriage is indeed the bedrock of civilization. But why would the establishment of gay matrimony erode it? Would millions of straight spouses flock to divorce court if they knew that gay couples, too, could wed? Today, a third of all American children are born out of wedlock, with no help from homosexual weddings; would the example gays set by marrying make those children's parents less likely to tie the knot?

Children, parents, childless adults and marriage itself are all better off when society sends a clear and unequivocal message that sex, love and marriage go together. Same-sex marriage affirms that message. It says that whether you're gay or straight - or rich or poor, or religious or secular, or what have you - marriage is the ultimate commitment for all: the destination to which loving relationships naturally aspire.

"Ages of experience have taught humanity that the commitment of a husband and wife to love and to serve one another promotes the welfare of children and the stability of society." Correct again. And the commitment of gay partners to love and serve each other promotes precisely those same goals.

A solitary individual lives on the frontier of vulnerability. Marriage creates kin, someone whose first "job" is to look after you. Gay people, like straight people, become ill or exhausted or despairing and need the comfort and support that marriage uniquely provides. Marriage can strengthen and stabilize their relationships and thereby strengthen the communities of which they are a part. Just as the president says, society benefits when people, including gay people, are durably committed to love and serve one another.

And children? According to the 2000 census, 27 percent of households headed by same-sex couples contain children. How could any pro-family conservative claim that those children are better off with unmarried parents?

"Marriage cannot be severed from its cultural, religious and natural roots without weakening the good influence of society." By "roots," Bush had in mind marriage's traditional definition as male-female. But at least as deep as marriage's roots in gender are its roots in commitment. Marriage takes its ultimate meaning not from whom it excludes but from what it obliges: "To have and to hold from this day forward, for better, for worse, for richer, for poorer, in sickness and in health, till death do us part." For gay people to join other Americans in embracing that vow only strengthens "the good influence of society."

Yes, letting same-sex couples wed would in some sense redefine marriage. Until a decade ago, no Western society had ever embraced or, for the most part, even imagined same-sex marriage. But until recently, no Western society had ever understood, to the extent most Americans do today, that a small and more or less constant share of the population is homosexual by nature. Homosexuals aren't just misbehaving heterosexuals. Fooling straight people into marrying them is not an option. Barring them from the blessings of marriage is inhumane and unfair, even if that is a truth our grandparents did not understand.

So today's real choice is not whether to redefine marriage but how to do so: as a club only heterosexuals can join or as the noblest promise two people can make. To define marriage as discrimination would defend its boundaries by undermining its foundation.

"Government, by recognizing and protecting marriage, serves the interests of all." Correct yet again. A marriage license uniquely bestows many hundreds of entitlements and entanglements that publicly affirm the spouses' mutual responsibility and that provide them with the tools they need to care for each other. Far from being just a piece of paper, a marriage license both ratifies and fortifies a couple's bonds. And marriage, like voting and other core civic responsibilities, is strongest when universal. It best serves the interests of all when all are eligible and welcome to serve.

"Our government should respect every person and protect the institution of marriage. There is no contradiction between these responsibilities." Indeed, there is not. Allowing and expecting marriage for all Americans would show respect for the welfare and equality of all Americans, and it would protect the institution of marriage from the proliferation of alternatives (civil unions, domestic-partner benefits and socially approved cohabitation) that a continued ban on same-sex marriage will inevitably bring - is, in fact, bringing already.

The logic of Bush's speech points clearly toward marriage for all. It is this logic, the logic of marriage itself, that Bush and other proponents of a constitutional ban defy in their determination to exclude homosexuals.

"In all that lies ahead, let us match strong convictions with kindness and good will and decency." Amen. And let us have the courage to follow where our convictions and our compassion logically lead.

Single in the City.

Dan Barry, writing in the "About New York" column in the NY Times, reflects:

In recent weeks, the struggle to define our nation has included a debate over the legality of gay marriage. Often lost in the hubbub, though, is any recognition of how hard it is to find a partner for life in the first place. For some, the debate is important, compelling - and theoretical.

The column's title: "Gay Marriage? First You Need to Fall in Love."

Of course, not everyone is the marrying kind. Marriage can be a great institution, but who wants to live in an institution? Yuk, yuk.

The Arguments that Need to Be Made.

An excellent piece in Sunday's NY Times magazine by IGF's co-managing editor Jon Rauch, laying bear the vacuousness of the anti-marriage arguments, one by one. Surely many of the anti-gay activists and intellectuals making these empty assertions know they lack substance but figure they'll still inflame their followers.

It also must be said that too many of our purported gay "leaders" seem unable or unwilling to engage in hard argument with the right. An example: Julian Sanchez writes on Reason magazine's blog:

I tend to watch Crossfire for laughs, but right now I'm livid. Tucker Carlson just asked Human Rights Campaign president Cheryl Jacques why, for all the reasons she advances to support gay marriage, polyamorous groupings of three or more men or women shouldn't be recognized. Her brilliant, principled answer? "Because I don't approve of that."

I've also heard activists dismiss the polygamy charge by saying "that's ridiculous" and then moving on. Yes, we know it's ridiculous, but that canard sways many who may be good-hearted but not well-informed. There's more to gay activism than just asserting moral superiority. We need fewer "professional activists" who excel at preaching to the choir and more astute arguers like Jonathan Rauch and our other contributing authors. Check out some of their latest columns posted to your right (including anther piece by Jon, this time for the National Journal).

The Mayor's On Board -- or So They Say.

Here's an odd piece from the Saturday NY Times about Mayor Mike Bloomberg addressing a meeting of the National Lesbian and Gay Journalists Association, headlined Bloomberg Said to Want State to Legalize Same-Sex Marriages. Or does he? Despite the fact that he was speaking to a journalists' association, the Times says that:

No tape recordings were rolling, and various auditors were somewhat fuzzy trying to remember his exact words. --

He did say in certain terms that 'I think the law should be changed,' -- Eric Hegedus, vice president of the journalists association, recalled yesterday. Pamela Strother, president of the association, remembered it all as less assertive. "My recollection is that he said something like he wished the law were different," she said.

Did I mention this was a meeting of journalists?

On Same-Sex Marriage, Bush Failed the Public and Himself

First published on March 6, 2004, in National Journal. Copyright © 2004, National Journal.

In a small Texas church in 1977, a young man named George W. Bush married a young woman named Laura Lane Welch. Their marriage changed them both. "She is the steel in his back," a reporter who knew them told CNN.com in 2001. "She is a civilizing influence on him."

A civilizing influence: If marriage's magic - for individuals, for couples, for communities, for countries - were to be reduced to a phrase, that would be it. If President Bush were asked what was the single most important day of his life, I imagine he might choose, not the day he was chosen president, nor the day his twin daughters were born, but the day he united his life with Laura Welch's. Marriage civilizes, comforts, nourishes. Possibly no man in the country knows this better than Bush.

I hope, then, that it was with some measure of agony that, on February 24, he called for the Constitution to be amended to define marriage as a union of a man and a woman. At that moment, the occupant of the office once held by Thomas Jefferson, James Madison, and Abraham Lincoln declared that millions of Americans should be forever denied what is, after freedom itself, the greatest blessing of civic life: the opportunity to marry the person you love.

Now, I am not to be trusted in this matter. I am gay, coupled, and an advocate of same-sex marriage, thus condemned to view Bush's announcement through a scrim of disappointment and anger. Still, when I do my best to set my bias aside, and with the benefit of more than a week's cooling off, it seems to me that Bush's announcement amounted to a failure of moral and political vision, of empathy and imagination, that is symptomatic of a larger decline of his presidency.

Bush is no bigot. He is said to treat his gay acquaintances with kindness, and he is in good company in opposing same-sex marriage. A robust majority of the public is against gay marriage, as are most leading Democrats and 3,000 years of Western tradition. To tar everyone who rejects the idea as bigoted is to smear millions of Americans who wish their gay fellow-citizens no ill.

Bush, however, not only rejects gay marriage. He also opposes (though would not federally ban) civil union, as the nonmarital legal recognition of gay unions is often called. In his view, gay couples should have no formal legal status or protection of any kind.

More: In the course of his speech, as indeed in the course of his presidency, the word "gay" or "homosexual" did not pass his lips. He had nothing to say about the people to whom he would deny the irreplaceable blessings of marriage, and nothing to say specifically to them. It was as if a politician, a century ago, had announced his support for an amendment that would forever ban women from voting in any election on U.S. soil, and had done so in a speech carefully crafted to avoid mentioning women or even using a feminine pronoun. The message of Bush's omission, intended or otherwise, must surely be: Gay Americans are of no interest or concern to this president. Gay couples are invisible.

Perhaps Bush is morally myopic, a Mr. Magoo who sees gay people only when he physically collides with them. More likely, he takes the view that homosexuality is a personal and private idiosyncrasy, indeed a sin, of which public policy should take no formal notice. Gay couples, in this view, should feel free to draw up private contracts and wills of whatever sort they please, but they should go unnoticed by law and public policy.

Surely, if he stopped to think about it, Bush would realize that marriage conveys a host of benefits that no interpersonal contract can provide. He must be aware that only marriage can protect spouses from having to testify against one another under oath. (How, I wonder, would Bush feel knowing his wife could be subpoenaed as a witness against him by the next Kenneth Starr?) He must be aware that a bequest to a legally "unrelated" beneficiary is easily challenged by greedy or vindictive relatives. He must be aware that marriage is no mere legal contract between two individuals; it is a promise that spouses make not just to each other but to their community and in their community's eyes.

When I gave a speech a few months ago, I was surprised to find my host not in attendance. When I asked why, I learned he was at home taking care of his dying male partner. Bush, apparently, sees neither nobility nor public benefit in this union. Apparently he sees no union at all. Just individuals doing their thing. Nothing to bother himself about.

There is another Bush, the one who grappled with the ethics of stem-cell research in 2001, the one who in that case delivered a national address exquisitely weighing the moral claims of well and sick and born and unborn.

Contrast that with the cool five minutes or so he gave same-sex marriage, the studied omission of any concern for the moral claims or welfare of 10 million or more gay Americans, and the refusal to offer them civil unions or any other consolation for their disenfranchisement. However intended, his performance was the most callous by an important American public official since the days of segregation.

The failure of moral imagination was exceeded, if that was possible, by the failure of political imagination. At his best, Bush in the past has shown an unusual facility for finding new ways out of old boxes. Refusing to choose between unacceptable alternatives, he shifts the paradigm instead. After September 11, he recognized right away that long-standing American policy for the Arab world was obsolete. In the Middle East, when told he had to accept unending conflict or bestow a state upon the likes of Yasir Arafat, he chose neither, instead linking Palestinian statehood to Palestinian democratization. It was this Bush who promised, for a while, the most creative and generative presidency since the days of FDR and Truman - so much so, that I called him "the accidental radical" in these pages.

But then there is the Bush who shruggingly signed an expensive and reactionary farm bill, a much more expensive if not quite so reactionary Medicare expansion, a command-and-control campaign finance law straight from the 1970s. There is the Bush who in January proposed, despite burgeoning deficits, an increase for the National Endowment for the Arts, a pleasant frivolity that sprays a mist of federal subsidy into a torrent of private funding for the arts and entertainment. And now the gay-marriage ban.

Americans haven't made up their minds about gay marriage and don't want to be rushed, either by liberal courts or by conservative Constitution-amenders. Most Americans, including many conservatives, believe the matter should be settled at a deliberate pace by the several states. The U.S. Supreme Court is unlikely to impose one state's gay marriages on the whole country, but if Bush wanted to be sure, he might have proposed an amendment saying, for instance, "Nothing in this Constitution requires any state or the federal government to recognize anything other than the union of one man and one woman as a marriage." In that or some other way, he might have transcended the all-or-nothing choice presented to him by religious conservatives. He might thereby have poured water on the fires of the culture war.

Instead he chose gasoline. If extremism means opting for the most extreme alternative available, Bush is objectively an extremist. The most important portion of his February 24 announcement was this sentence: "Furthermore, even if the Defense of Marriage Act is upheld, the law does not protect marriage within any state or city." Translation: Preventing federal courts from pre-empting the states is not enough. On not a single square inch of U.S. territory can even one same-sex marriage ever be allowed, even if all the people in the relevant jurisdiction want it and even if no other jurisdiction would be required to accept it. In a country with a three-century tradition that wisely leaves domestic law to states and localities, Bush's proposed amendment amounts to ruthless totalism: scorched earth.

Bush is by temperament no extremist, especially on cultural issues; and when he thinks his way through a problem and knows his own mind, he is unafraid of activists who demand their way or the highway. What remains is to guess that Bush caved in to extremism on same-sex marriage because he failed to engage. Increasingly he seems to make conventional choices within a political environment that he accepts as a given. The gay-marriage failure is the latest in a series of decisions suggesting political senescence.

What a pity if the imagination that once characterized Bush at his best is sputtering out, giving way to the politics of palliation and placation. What a shame to see the accidental radical become an accidental reactionary.

Copyright © 2004 National Journal. Reproduction in whole or in part requires prior written permission.

Prospects for Gay Marriage

First published March 5, 2004, in the Chicago Free Press.

I cannot say for sure that the proposed Federal Marriage Amendment, which now has President George W. Bush's approval and support, will not pass.

People with more political expertise than I think that with the opposition of liberal Democrats and pro-federalism Republicans it will not obtain the two-thirds vote needed to pass Congress. Others think legislatures in at least 15 or 16 states will be unwilling to yield yet another state power to the federal government - and only 13 are needed.

But because the outcome is uncertain this is the ideal opportunity for us to make our arguments for same-sex marriage as clearly and as often as we can. Never before have we had the public and the media paying so much attention to our arguments and our personal stories demonstrating the desire and need for gay marriage.

Nevertheless, while fighting a constitutional ban is vitally important now, it is encouraging to realize that in the long run anti-gay zealots are fighting a losing war and whether or not the amendment passes, same-sex marriage will eventually be legal. That assessment is based on consideration of the slow but relentless economic and social pressures that underlie politics and public opinion. They include:

  • Young people's support. Since 1997 the annual survey of college freshmen conducted by the Higher Education Research Institute at UCLA has shown an increasing majority of 18 year olds favoring "legal marital status" for gays and lesbians. Other surveys show the same thing. Where young people are today, society as a whole will be in 10 or 20 years, because they will be society. Given this trend Bush will probably be the last anti-gay U.S. president, just as George Wallace the last overtly segregationist governor.
  • Women in business and politics. Women are already a majority of students in college and law school and an increasing percentage in business schools. Every survey shows far more support among women for same-sex marriage, so as these women become more influential in business, law and politics, they bring their gay-friendly attitudes, countering the aggressive prissiness about gays common in older heterosexual men for whom hostility to gays is a key component of their male identity and male self-presentation.
  • More religious ceremonies. FMA or no, more and more individual churches will find ways to offer same-sex blessing ceremonies, union ceremonies and even wedding ceremonies. Responding to heartfelt pleas from gay couples, more ministers, rabbis and priests will offer blessings and marriage ceremonies as a pastoral obligation and an ecclesiastical statement of conscience, even in religious sects that do not authorize such ceremonies.
  • Employee partner benefit. More and more corporations, large and small, will feel the pressure to grant same-sex partner benefits and then add more extensive benefits over time in order to compete for and retain skilled gay employees. That too will help legitimize gay partnerships and pave the way for gay marriage. In the United States, where business leads, politicians will follow eventually - reluctantly, perhaps, but inevitably.
  • Gay couples' visibility. The 2000 census data reporting that at least 600,000 gay and lesbian couples consider themselves partners gave a boost to the pressure for gay marriage. The number is a vast undercount by a factor of five or more, of course, but it was more than most heterosexuals would have expected and gave at least minimal quantitative evidence for existing gay coupledom. In the next census that figure will double and in 2020 double again.
  • The wedding industry. In a Feb. 29 New York Times column Frank Rich made the interesting point that several businesses have an interest in supporting gay marriage. As more heterosexual couples have low key civil ceremonies or simply live together, the sizable travel and wedding industries - wedding planners, florists, photographers, musicians - and perhaps others will support gay marriage as a valuable source of replacement income.
  • Federalism. A little noted advantage of federalism is that it forces states to compete with one another in areas such as taxation, business climate and quality of life considerations. States that establish gay partnerships or civil unions will have an advantage both in luring gays who are deciding where to take their job skills and in promoting a state's social openness to businesses deciding where to establish a new plant or office. Then as people become accustomed to gay unions, pressure will build to turn those civil unions into what they really are - marriages.
  • Foreign influence. A few nations and two provinces of Canada have legalized gay marriage or its close equivalent. Several others grant significant legal and economic rights to same-sex couples, arrangements that will be added to over time and eventually be turned into marriage. The experience of other countries can show skeptics that gay marriage is nothing to fear, undermining dire warnings that gay marriage will harm society.

Gay marriage will happen. The Federal Marriage Amendment is simply a delaying tactic by religious zealots who never heard the story of King Canute.

It Continues.

Gay and lesbian couples started tying the knot in Portland, Oregon, this week after the county issued same-sex marriage licenses, joining the rapidly spreading national movement, the AP reports. On Wednesday, Nyack, N.Y., Mayor John Shields said he would also start marrying gay couples and planned to seek a license himself to marry his same-sex partner. New York Attorney General Eliot Spitzer said in a statement, "I personally would like to see the law changed, but must respect the law as it now stands." Spitzer said New York's law contains references to "bride and groom" and "husband and wife" and does not authorize same-sex marriage, and that "the local district attorney has the authority and responsibility to enforce the law."

As in San Francisco, New Paltz and elsewhere, marrying same-sex couples is being seen as an act of justified civil disobedience (by supporters) and wanton law-breaking (by opponents).

Meanwhile, in Washington, D.C., Senate Majority Leader Bill Frist asked Congress to embrace a constitutional amendment banning these marriages. "Same sex marriage is likely to spread through all 50 states in the coming years," Frist said. "It is becoming increasingly clear that Congress must act." Well, the first sentence of his comment is true.

What Bush Has Wrought.

"President Bush's endorsement of a constitutional amendment banning gay marriage could prove to be a great moment for gay rights," says a Washington Post op-ed by Steven Waldman (editor of the interfaith site Beliefnet.com ). That's because the fallback position that even Bush has said he can live with is civil unions -- a position that until very recently was considered "extreme." And the culture shifts, like a raging river in which you can never stand in the same water for more than an instant.