...On Thursday, the California Supreme Court did precisely what much of the American public doesn’t want judges doing: it made social policy from the bench. With a 4-to-3 majority, the judges chose not to defer to a ballot initiative approved by 61 percent of California voters eight years ago, which defined marriage as between a man and a woman. In 2003, the Massachusetts Supreme Judicial Court redefined marriage in that state, helping to highlight the issues of same-sex marriage and judicial activism for the 2004 presidential campaign. Now the California court has conveniently stepped up to the plate.Obama’s campaign issued a statement that its candidate “respects the decision of the California Supreme Court.” The McCain campaign, by contrast, said it recognized “the right of the people of California to recognize marriage as a unique institution ... John McCain doesn’t believe judges should be making these decisions.” Since the next president will almost certainly have one Supreme Court appointment, and could have two or three, this difference on judicial philosophy could well matter to voters — and in a way that should help McCain.
Furthermore, the action of the California court will remind voters of the Defense of Marriage Act, which says a state is not required to recognize same-sex marriages performed in other states and which was passed overwhelmingly by Congress and signed by Bill Clinton in 1996. McCain voted for and supports it. Obama opposes it...
The above paragraphs are William Kristol's description of the second of three things happening last week which were a boon to John McCain's candidacy and therefore a boondoggle to Barack Obama's. Read what were the first and third in Kristol's New York Times article here.
