Dale Carpenter at the Volokh Conspiracy.
Sexual orientation and heightened scrutiny in the California marriage decision:
While the politics are complicated and uncertain five months out, a thrilling but narrow win for gay marriage in the California Supreme Court last week could become a narrow and heartbreaking loss at the polls in November. But the court’s equal protection holding will outlast a state constitutional amendment banning gay marriage and will have potential to challenge anti-gay discrimination well beyond the issue of marriage. If gay marriage loses in California in November, the equal-protection holding will be the lasting legacy of the opinion.
Spot over at the Cucking Stool fisks Katherine Kersten's overblown screeching over the decision. Spot follows up with further fisking for Kersten.
The anti-gay American Family Association is trying to pressure John McCain into supporting the Federal Marriage Amendment. TV commentators are saying that McCain's position is no different than Hillary Clinton's and Barack Obama's.