Editorial Of The Day

The New York Times on Obama's Prop 8 brief:

The legal analysis advanced by the Obama administration leads inexorably to the conclusion that all attempts to ban same-sex marriage are inherently unconstitutional. But the administration stopped short of declaring that truth, recognized earlier this week even by the Republicans’ brief. In fact, the administration said the court need not consider the constitutionality of marriage bans beyond the context of this particular scheme.  We don’t know why the administration did not take that step. Perhaps it was to allow Mr. Obama to go on asserting that the issue of same-sex marriage should generally be left up to the states. We hope the justices recognize the broader truth that the Constitution does not tolerate denying gay people the right to wed in any state.