The President need not withdraw his proposal for a constitutional amendment. But its passage is, to begin with, problematical because of the creaky machinery of constitutional reformation. Mr. Bush's father couldn't even get through an amendment to forbid flag-burning. It would require time and long periods of advocacy. But the president could get quick action on a measure to limit jurisdiction. The heavy majorities that voted in favor of the Defense of Marriage Act tell us that congressional sentiment is strong on the subject. The law would be saying, in effect: Pending a constitutional amendment, the Court is not to rule on any matter that has to do with state laws governing marriage.
There would be critics, of course. The bellwether of unreason and extremity of expression, Senator Kennedy, would raise his baton and attempt to organize protest. Immediately after Mr. Bush's proposal for a constitutional amendment, Mr. Kennedy gave his deliberate view of the question: "By endorsing the shameful effort to write discrimination back into the Constitution, President Bush has betrayed his campaign promise to be a uniter and not a divider." Kennedy is saying that to affirm the traditional understanding of what constitutes a marriage is to underwrite discrimination.
It is dizzying, the senator's perspective. He sits in the upper house because the majority of the voters in Massachusetts sent him there. The majority of the voters in Massachusetts oppose same-sex marriage. Mr. Bush's proposal would have the effect of validating the authority of the voters in Massachusetts not only when they vote on whom to send to Congress, but when they vote on institutional arrangements in the state.
Some are saying that Mr. Bush is clearly engaged in politics. Who is not, in an election year? They speak of the need to address issues. He is certainly doing that, addressing an issue, and in language elevatingly principled and impersonal. Senator Kerry, who says he opposes same-sex marriage but is against a constitutional amendment, is repeating his formula for having it both ways, as in: personally opposing abortion and supporting its expediting in every conceivable situation.
Yes, Bush is talking politics, which is what one is supposed to do when national issues arise.