BUSH IS WRONG, KERRY IS RIGHT
I never thought I'd write those words, but President Bush is wrong to support a Constitutional amendment banning gay marriage. Kerry is right to say "I believe the best way to protect gays and lesbians is through civil unions. I believe the issue of marriage should be left to the states." Of course Kerry's formulation doesn't address the federal recognition of marriage (see, tax code) and Kerry is trying to have it both ways (as usual) by saying that he, too, opposes gay marriage.

As DrFrankLives points out, it is an ugly thing to advocate a specific amendment that restricts the ability of states to grant rights, as opposed to the rest of the Constitution, which restricts the ability of states to deny them. And I'm sure I know what Bush and many conservatives are thinking. If we don't pass this at a federal level, we won't be able prevent judges from usurping the power of the people to decide this issue. And while the constitutional amendment process is grounded in federalism, a better, more freedom oriented approach would be to let the people decide, state to state. But this goes to a bigger issue -- activist judges. This is just the sort of issue that the people should decide, whether through referendum or their legislatures. By supporting this Constitutional amendment, the President surrenders in the battle against judicial activism. And that surrender is an even greater injustice.