Friday, February 27

Wait and See - You wouldn't expect it, but Virginia has actually elected a relatively moderate congressional delegation. That's evident in this WaPo article covering the reluctance of Senators Allen and Warner and Representative Tom Davis (all prominent Republicans) to back the FMA. While none are pro-gay marriage (what politicans are, these days?) they disagree that a constitutional amendment is necessary and believe in proceeding "with caution."

Given that much of the Hill appears to be in the same defensive posture for now, this backgrounder on the legal complexities of allowing different states to have different definitions of marriage is quite timely. It suggests that Bush is probably right - legalization of gay marriage in some states will, perhaps sooner rather than later, require recognition nationwide. If so, the wait-and-see crowd will eventually back the FMA, unless we use the meantime to bring them around on the equality argument.

So how long have we got? Well, until the first judge strikes down the federal or a state DOMA. Those cases may even be filed based on the SF situation, even before "real" same-sex marriage licenses have been issued by Massachusetts. So I guess Scalia was right, too.