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Krauthammer on Gay Marriage Debate

Charles Krauthammer is the clearest thinking analyst in politics today, and last night on Brit Hume's roundtable he summed up the politics and policy of the gay marriage debate very well.

Well, obviously in part its politics, but changing the definition of the oldest social institution in the human race, one that has been a man and a woman in every society for a long, long time, is a big deal. And if it's happening in a country, it's a legitimate issue and I think there is a legitimate issue here in that the president is right that judges have abrogated this decision which ought to be left to people either acting in referendum or in -- through their representatives. And that -- there are states, like Massachusetts in which it's been imposed and states like Georgia and Nebraska, where there has been a constitutional amendment where the people have spoken in large numbers and been stopped, stymied, by a judge.

But I think the answer is not a constitutional amendment, which would be in the name of the popular sovereignty, but ironically, it takes it away, because if you ever had a state in which a majority wanted to institute gay marriage, it would not be allowed to under this constitution. So it's a little bit contradictory, to act in the name of popular sovereignty and to pass a law which would extinguish.

The way you do it is change the ethos of the judiciary so that if you get the Defense of Marriage Act, which he spoke about earlier, at the Supreme Court, it's upheld and that it keeps it in one state and doesn't spread it all over the country. And having a president who nominates a guy like Sam Alito is a way in which we change that culture rather than changing the constitution.

Special Report's end of day roundtable is one of the best ways to quickly keep on top of the political ups and downs in Washington. RealClearPolitics will have each night's transcript available every morning at the RCP Resource Center and on the left column of the front page.