Breaking: Senate rejects gay marriage amendment, 49-48

AP is reporting. I’ll have the roll when it’s up.

Update: MM was on O’Reilly a few nights ago to discuss the subject. Watch now at Expose the Left. Her opinion is in line with most Americans’: according to the most recent poll, 58% oppose gay marriage but 51% think it should be left to the states to decide. William F. Buckley says that’s precisely what the amendment is trying to do:

It is important to stress the point made by the president in advancing his defense of the marriage amendment. Sure, it has moral implications, but there is more to the amendment than that. What it seeks to do is to guard the right of individual states to devise their own requirements in the matter of marriage…

It is the point here that in an age of judicial activism, we have in effect the nullification of state laws. Not a single state legislature has passed a same-sex marriage law. But there is no reason to bet that when faced with such a law, the Supreme Court will deny itself the authority to override states that affirm traditional distinctions.

Here’s the text of the amendment; Buckley is correct that its main focus is the courts, not the states. As I said here, I think these laws violate the Equal Protection Clause so I’m not troubled by them being nullified, but your mileage may vary. I’m pretty sure Mark Jaquith, our tech wizard, would agree with me, so that puts it 2-1 within the Hot Air family in favor of gay marriage. Will Bryan drop in here and tie it up? Stay tuned.

Anyway. Now that this is off the table, the Senate needs something else to divert our attention from their amnesty bill. And sure enough

Update: Here’s the roll. There’s one interesting name on the “nay” list.