Gawker's John Cook takes issue with the president's referring to gay marriage as a "state-by-state" issue.
On this afternoon's special broadcast, Jake Tapper echoed that point: "The president said he thought this was a state-by-state issue."
Well, before Roe v. Wade, abortion was a state-by-state issue, too. So was slavery. There are 44 states in which gay men and women are currently barred from marrying one another. Obama's position is that, while he would have voted the other way, those 44 states are perfectly within their rights to arbitrarily restrict the access of certain individuals to marriage rights based solely on their sexual orientation.
That is a half-assed, cowardly cop-out. There are currently at least three cases winding their way toward federal courts that address the issue of whether (among other things) the equal protection clause of the constitution guarantees gay men and women the same access to marriage rights as heterosexual men and women—the Proposition 8 case, in which David Boies and Ted Olson challenged California's ban on gay marriage, and several challenges to the Defense of Marriage Act, which bars gay men and woman from receiving federal marriage benefits and allows states to refuse to recognize valid gay marriages.
Read John Cook's entire piece at Gawker.
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