My office-neighbor just observed that state supreme courts seem to have a lousy sense of timing when it comes to inserting same-sex marriage into presidential election year agendas.
I tend to agree with Timothy Sandefur’s view that the California Supremes made basically the right decision for the wrong reasons. I think the right solution, broadly speaking, is to formally decouple the civil and religious institutions of marriage (as is essentially the practice in a number of religions anyway, most notably Catholicism)—confer legal recognition only on civil unions licensed by the state (or recognized as common-law unions, where applicable), with criteria that are constitutionally permissible under strict scrutiny (for example, requiring that all parties be humans, limiting the number of participants, and requiring them to be of legal age of consent—no Rick Santorum or Warren Jeffs fantasies here), and make marriage something that can only be recognized by religious institutions or civil society and can be decided based on whatever criteria they choose. If the Washington Times and the Pope don’t want to say that Adam and Steve are “married,” so be it; if Adam and Steve want to say they’re married, more power to ‘em.
A pipe-dream, I know. But a man can hope, can’t he?