Well, both candidates did pretty well on the event MCed by that hugely influential nice guy pastor. One big opportunity was presented to McCain, and I hope he sees it and chooses to use it: Obama said both that he was for ROE v. WADE and that he has no idea when a foetus/baby got human rights. (His defense of ROE--that we have to assume that women are morally serious when they make abortion decisions--was exceptionally lame.) Obama also said that, although he was personally against same-sex marriage, the Constitution leaves mrriage to the states. McCain agreed on where the Constitution places decisions concerning marriage, while being tough on opposing activist, judically lelgislating judges. McCain added said he was certain that babies get rights at conception, and we assume that Mac meant that, although his opinion is quite reasonable, he was far from claiming that Courts should simply identify it with what the Constitution says. The reasonableness of his opinion, by itself, would be enough to negate ROE, without producing a kind of pro-life judicial activism.
Now if even a man of Obama’s great intelligence doesn’t know when unborn babies get rights, or even if they have them at all, doesn’t it follow that such decisions should be left to legislatures? Such decisions have to be made, and our Courts should trump our legislatures only when the evidence is clear. And if marriage is also left to the states, then surely the federal Courts should have nothing to say about any rght to same-sex marriage.
Wouldn’t it be great if McCain actually began a populist campaign (see George Will today on McCain’s need to get populist on something) against rights-based judicial activism? The danger, for example, is not that the people acting through the states might choose same-sex marriage, but that it be imposed on them as a matter of individual rights. Because that campaign would be against judicial mandates that seems to force evangelicals to choose between being good Christians and good American citizens, maybe the enthusiasm gap that plagues Mac so far would start to close.