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Monday, May 19, 2008
John McCain's least favorite issue

 

Social and religious conservatives, many of whom have been gloomy about the GOP's '08 electoral prospects, perked up big time when they learned last Thursday that the California Supreme Court had upheld the constitutionality of gay marriage.

They were, of course, outraged. But in a sense their hearts were gladdened, because they think they have been handed the magic-bullet issue that will boost Republican fortunes and perhaps help propel John McCain to the White House. After all, won't this issue distract voters from their worries about health care, the war, and the economy? Why should voters worry so much about losing their houses - when clearly the bigger issue is what gay people might be doing behind the curtains in their houses?

Accordingly, the Family Research Council, one of the top religious right groups, declared on Friday that the California court ruling "has catapulted the issue from semi-dormancy to the forefront of the general election." The social fabric of the nation is at risk, again because of those berobed radical leftists; in the words of religious conservative leader Gary Bauer, the 4-3 ruling was "an egregious exercise in judicial activism of judges wielding raw political power over our most basic values. But that is how the Left has succeeded."

I don't want to dwell on the usual complaints about "judicial activism," except to point out that six of the seven California justices are Republican appointees - including the chief justice, who authored the opinion, and who owes his first judicial appointment to a conservative governor named Ronald Reagan. Religious conservatives, and many of their more secular brethren, typically dismiss as "judicial activism" only those rulings with which they disagree, to the point of being ahistorical about the proper role of courts. It was Alexander Hamilton, after all, who wrote in the Federalist Papers - Number 78 - that it is the "province" of judges to interpret the laws and square them with the constitution.

Anyway, I'm dwelling here on the political context of the ruling. At first glance, this would appear to trigger another season of discomfort for Democrats - as happened in 2004, when Republican operatives, in the aftermath of a somewhat similar ruling by the high court in Massachusetts, arranged to put anti-gay marriage referenda on the ballots in 11 states. This reportedly helped gin up conservative turnout, both for the referenda and for the top man on the ballot, George W. Bush. Some academic studies have even concluded - although this is also disputed - that the anti-marriage ballot referendum in pivotal Ohio effectively put Bush over the top and clinched his re-election.

But this time, I suspect that the most discomfited candidate could actually be John McCain.

Conservatives have all sorts of advice for the guy. They want him to inveigh publicly against gay marriage, and to champion a new California referenda campaign to overturn the state high court ruling. The Family Research Council says: "It's up to him to make this issue a priority in his campaign and rally the support of social conservatives around his position. He must speak openly - and frequently - about the threat this decision poses to the family...we encourage him to show his commitment to marriage by leading the charge..."

Meanwhile, John McCormack at The Weekly Standard (one of Rupert Murdoch's conservative organs) suggests some talking points for McCain's national crusade: "McCain might ask, what exactly would preclude the U.S. Supreme Court, refreshed with a couple of Obama appointees, from declaring same-sex marriage a constitutional right in all 50 states?...But it will be up to McCain himself to draw the contrast between his positions and Obama's."

Indeed, Bill Whalen, a research fellow at the conservative Hoover Institution think tank, reportedly says that, politically, McCain "has to look for issues that motivate and activate social conservatives. This issue is a gift in that regard." Whalen wants McCain to campaign against gay marriage in the swing states.

But these people are dreaming.

Clearly they don't have a clue about McCain. Even though he has been pandering to conservatives for the past several years, undercutting his so-called "maverick" image in all kinds of ways (he is now for the Bush tax cuts after having voted against them), he really would prefer not to talk about gay people at all, much less lead a moral crusade against the way they might wish to live. He's a traditional Sunbelt conservative, with a strong strain of libertarianism, which means his instinct is to leave people alone.

He never talks about gay marriage, unless asked or compelled to. By my calculations, he has made exactly one statement since the California ruling, and it was filtered through a spokesman: "John McCain supports 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." Which is a long way from making this issue a priority in his campaign.

And, pragmatically speaking, it would be dicey for him to do so. The one time he put himself on the line for the issue, he was embarrassed by the results. In 2006, the voters of Arizona rejected a ballot initiative banning gay marriage within their borders - after McCain appeared in a TV ad making a pitch for the ban. And that was on his home turf. It's hard to imagine he will now lead a charge against gay marriage in Ohio and Pennsylvania and other swing states - and risk turning off the independent voters whom he needs so badly in November.

Particularly in the eastern swing states, many of those independents tend to be socially tolerant, and even though most do not support gay marriage - a new Pew poll says that only 41 percent of independents back the concept - they are likely to be displeased that a candidate is crusading against it, at a time when the nation has so many more pressing matters.

Indeed, when pollsters ask voters to list their top issue priorities, the gay marriage issue doesn't even register as a blip. Maybe it helped galvanize some conservative turnout in 2004, but even by 2006, the issue had lost some steam. Some activists thought that a few more state ballot initiatives (there were seven) would help the Republicans win congressional races - but, as we now know, the Democrats took both chambers anyway. The Iraq war, and shoddy GOP ethics, were much bigger issues. I was told, way back in June of that year, that the anti-gay ballot maneuvers wouldn't do the trick; in the words of Republican strategist Craig Shirley, most '06 voters wouldn't care about the gay marriage issue, because it "is not relevent to their lives."

And the kind of '08 national crusade envisioned by the religious conservative base would also doom McCain among young voters. Assuming Barack Obama is the Democratic nominee, those voters, aged 18 to 29, are already poised to flood his way, at McCain's expense. (The latest Pew poll shows that 58 percent identify themselves as Democrats, and only 33 percent as Republicans, the biggest spread of any age category - and a stark contrast to 1992, when young people were split, 46 percent Democratic and 47 percent GOP). Then consider the fact that support for gay marriage is stronger among young people than in any other age category...and McCain's reticence since the California ruling is even more understandable.

The bottom line is that this court ruling may wind up pinching McCain between his party base and the swing voters he needs to woo. He doesn't want to lead any crusade; he just wants this issue to go away. He knows, even if the religious conservatives do not, that this is not 2004 anymore.

 

Posted by Dick Polman @ 8:31 AM  Permalink | 36 comments
Comments
Posted by yobill626 09:23 AM, 05/19/2008
McCain has to focus on the only objectives he can that gives him a shot to win --- reach out to Independents & avoid issues that might drive the (socially conservative) base voting. He's got to position himself with getting the base motivated into voting for him because of the Left Wing Obama's 4-to-8 year takeover of the Supreme Court nominations, without lighting the fires that will chase away the Independents. He'll avoid talking about abortion as well as any other Gay Rights' issues like they were kryptonite. I think it will be a bigger challenge for him to do all that (with the added yolk of having the Bush Presidency strapped to his back), than it will be for Obama to pull in Hillary's supporters. Bush started screwing McCain 8 years ago in South Carolina & continued doing it in the years since with his divisive policies.
Posted by what is truth? 09:56 AM, 05/19/2008
Amazing that so many of the people who say gay marriage is a threat to the institution of marriage and want to amend the Constitution to prevent it, sure don't push for a Constitutional amendment to prohibit heterosexual adultery and divorce, which has destroyed thousands upon thousands of marriages. How can anyone ask or expect McCain to talk about the sanctity of marriage when he abandoned his? But the so-called "religious" right will conveniently overlook that. Hypocrites, all of them.
Posted by ivb 10:03 AM, 05/19/2008
Yesterday on Meet the Press Peggy Noonan brought up the CA court decision and said she was very surprised at the reaction, which she identified as silence. Apart from the groups who represent those who are frightened of it for no reason apart from the vague cry that it will destroy marriage, there was no general outcry or reaction. Perhaps they have noticed that Massachusetts did not fall into the sea after their decision. McCain needs to leave this alone.
Posted by LJL 10:21 AM, 05/19/2008
McCain's least favorite issue????? Might be tied with abortion (was for limited rights, now against); Or lobbyists (was against, then for - 1 of every 6 top contributors is a lobbyist, 5 already had to resign, including his finance co-chairman...)...Or torture (was against, now for)....Straight talk express, eh? This guy couldn't find integrity or the truth if it was floating in his Metamucil. BTW - Glad to see someone pointed out the nauseating hypocrisy of the "religious" "conservatives"....when this group of dimwits is ready to add a provision banning divorce under all circumstances as well, (because, you know it's all about the "sanctity" of marriage, right?), then they can bloviate. Until then, they should simply STFU.
Posted by altara 11:36 AM, 05/19/2008
Mr. McCain may want to avoid the issue but we may well be in for another year of cultural and political discord over the issue of gay marriage, The best attitude should be "Who cares?" However -- Most Republicans will probably decry the possibility of recognition of the right of gay people to marry. Many Democrats, and even David Brooks, support the right of gays to marry. But in the presidential election campaign, the Republicans, invoking God and family values, will try to make them pay for it. And we all must endure the din. The solution - take marriage off the table. Let marriage be the private commitment that it really is. Those who wish can choose marriage, and label it as such, in accordance with their faith, spiritual values, ethics, or other personal beliefs. It may or may not be church or religion related; that depends of the tenets of the church and the wishes of the couple. On the other hand, the state should have nothing to do with the institution of marriage. Its concern should only be civil union and the regulation of the legalities of formation and dissolution, basic rights and obligations of the parties, and economic benefits attendant to the union. The state's role as protector of children remains unchanged. homer www.altara.blogspot.com
Posted by syj 01:28 PM, 05/19/2008
Maybe the Repubs can get this issue on the ballot again to drive up turnout and avoid talking about any issues that actually affect middle class people. I mean, it worked in 2004 when they had little else to talk about so why not try it again.
Posted by p-diddy 03:35 PM, 05/19/2008
Marriage between men and women should be outlawed. Only gay marriage should be allowed. Whoops, I just revealed the the secret liberal plot to destroy the moral fabric of this nation. We'll convert all you straight people yet!
Posted by tom - wilmington, de 03:37 PM, 05/19/2008
Personally I do not care if gays marry or not. What I do not like is the courts deciding laws based on behavior. Doesn't anyone find it odd that in Texas they are prosecuting a cult for polygamy while in California and Massachusetts gays can marry? Isn't it odd that bigamy is considered a felony is some states but gay marriage is okay? My point is not anti gay marriage (liberals love reading into what a person says so I feel I must clarify), but that if the courts are going to make rulings on behavior, then why not just go all the way and rule all the marriage laws unconstitutional based on the same reasoning. As for McCain and this issue, he will probably leave it alone unless in extremely conservative areas, where he may take a stand against court rulings, but will not be exuberant in his rhetoric. As for his point on the Bush tax cuts, he has not said he is now for them (which means he would have changed his vote). What he has said is that he would make them permanent because not to do so would cause a tax increase on the middle class. For example, the $1,000 per child tax credit given to anyone making less than $100,000 per year is due to expire in 2010....McCain would make this permanent. Anyone here know what Obama would do with that portion of the Bush tax cuts for the wealthy?
Posted by what is truth? 03:54 PM, 05/19/2008
Altara, you are right on! But nothing turns on the right-wingers as much as thinking about what the people next door are doing in bed; it helps them immensely with their self-gratification. Not that there's anything wrong with self-gratification; but their legalistic voyeurism is another matter, and they will never give it up - the excitement is too much for them to resist.
Posted by p-diddy 04:04 PM, 05/19/2008
Where's Viva la Capitalism when you need him?
Posted by Rich LeBlanc 05:14 PM, 05/19/2008
Tom, you are comparing apples and oranges by comparing gay marriage with plural marriage. Gay marriage, like the traditional kind, is one person marrying another. Plural marriage is one person marrying two or more other people. The concepts are not even remotely alike. I don't really care who marries who, but the problem with bigamy has typically been that the multiple spouses don't know about each other, didn't give permission for their spouse to marry another, and are being deceived and materially disadvantaged thereby; that's why it's illegal. The problem with polygamy as practiced by the FLDS people is that you have insular communities with 50-year-old men "marrying" 12-year-old girls who have been brainwashed into thinking that is normal behavior in America. It is actually, of course, pedophila, which is why all those creeps deserve to go to jail for the rest of their lives. I tend to agree that the courts should go "all the way", but in a different direction; I think it would make sense to allow marriage on an equal legal basis to any two people who wished for it. Religious organizations, of course, would still be free to approve or not as their doctrines directed. This would not affect anyone's rights since religious ceremonies have no secular legal significance anyway. As for the tax cuts, I believe Obama's plan is to let Bush's tax cuts expire, pass new ones for the middle class only, and use the money from the newly taxed wealthy to pay for annoying liberal stuff like education, health care, and roads and bridges.
Posted by tom - wilmington, de 11:42 PM, 05/19/2008
Rich, I believe you are correct about Obama and the tax cuts. What I believe he has said he will do is allow the Bush cuts to expire, and then pass a $1,000 tax cut for working Americans. So, if you are married, making $70,000 with 3 kids, then right now you get a tax credit (cut) of $3,000 in the child tax credit. Obama will allow that to expire, then give you a $1,000 tax cut for being a middle class hard working American....net effect, tax increase of $2,000. That will make people happy....Thanks Barak. I do not, nor do I believe most other people, view roads and bridges and annoying liberal stuff. I also have no problem with providing health care to poor children. I do not, however, want my tax dollars going to health care for people making $70k to $90k per year (did you see the PA ads saying nobody makes too much money for their SCHIP program?). As for education, whole different ballgame. I love how people always say education is underfunded....but nobody can say how much it would take to fully fund education. Now, for bigamy and polygamy, I agree about 50 year olds marrying 12 year olds....that was not my point. My point was that if the courts can allow gays to marry over what voters decide in referendums and laws, then why not overturn those two other laws as well? Are not those people entitled to "equal protection under the law" to marry whomever they want wherever they want? And a prior post was correct, if adultery is not illegal, then why is bigamy? Would you tell your wife about your mistress? What is right for one is right for all, otherwise it is just another form of discrimination.
Posted by yobill626 12:09 AM, 05/20/2008
I agree with Tom in his post regarding his(my) distaste for laws regarding behavior. However, I don't think the interest & action in the Texas situation is driven by the fact that these folks' polygamist behavior is so abhorrent, but rather the pedophilia aspect of a number of these "unions". I care as little about 2 gays marrying as I do about 3 or more consenting adults being in one single marriage. The fact that some of the partners there are 14 year old girls is where the line of illegality needs to stay.
Posted by amg 12:13 AM, 05/20/2008
Tom, by your definition a family earning $70-90K is wealthy enough to afford healthcare and shouldn't eligible for national health care? My household income is above those numbers and if I had to pay for health care I'd be in deep water. I have three kids and a wife. I don't have an exhorbitant mortgage, I'm not saddled with tens of thousands of dollars in debt but I can't afford medical expenses for my family on the income my wife and I make. As an accountant you of all people should know that $70-90K doesn't go as far as it used too especially with all the rising costs today.
Posted by doctorfixit 01:06 AM, 05/20/2008
I thought Immigration was McCain's least favorite issue because he has run out of ways to lie about his support for amnesty. Now the court's abominable ruling in California may serve a useful purpose, which would be to make people aware of how dangerous these black robed tyrants are, how we need to get control over them, how we need to abolish these "Supreme" Courts because all they are is a totalitarian tool for implementing the marxist agenda, how we need to reduce the courts' power by reducing their size, by getting rid of appellate courts, by enacting term limits, by making all judges politically accountable to the voters, with very short term limits, and by removing court jurisdiction over private property rights, social issues, and moral issues. If that fails to get the courts out of the business of forcing radical marxist ideology on us, we should consider stronger measures. There is no question that judges are a more dangerous threat than al Qaeda, and they need to be treated accordingly.
About Dick Polman

Cited by the Columbia Journalism Review as one of the nation's top political reporters, and lauded by the ABC News political website as "one of the finest political journalists of his generation," Dick Polman is a national political columnist at the Philadelphia Inquirer. He is on the full-time faculty at the University of Pennsylvania, as "writer in residence." Dick has been a frequent guest on C-Span, MSNBC, CNN, NPR and the BBC. He covered the 1992, 1996, 2000, and 2004 presidential campaigns.

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All commentaries posted before April 18, 2008, can be accessed at www.dickpolman.blogspot.com.