In the last few weeks, same-sex couples have become familiar with the requirements for a valid marriage under California law: Every county requires couples to obtain a marriage license. To apply for the license, both parties to the marriage must affirm that they are not already married to another. And, under the law in California and Arizona, marriage is not valid if, at the time of issuance of the license, one party is still legally married to someone else. A person who is still legally married can be charged with a crime called “bigamy,” which renders the subsequent marriage invalid.

This could be a problem for John McCain. The Los Angeles Times reported two weeks ago that John McCain was still married to his first wife when he applied for a marriage license in Arizona. His divorce did not become final until two weeks later.

The Times focused on the Reagans’ displeasure with McCain when he dumped his first wife for Cindy, a multi-millionaire almost 20 years his junior. It noted that McCain inaccurately reported (in his autobiography) the dates when he divorced his first wife and began dating Cindy. Reporters, however, did not contact any legal authorities to discuss the significance of McCain seeking a marriage license while still married to someone else.

If they had, the Attorney General of Arizona would have reported that, under Arizona law, a person who seeks a marriage license while still legally married is guilty of bigamy and the subsequent marriage is invalid, even if the first marriage legally ends soon after taking out the license.

Bigamy under Arizona law is a felony. In late February of 2008, the Attorney General prosecuted a man for bigamy, when he obtained a marriage license while still married to his first wife.

Those who truly believe in the import of marriage know that there’s a critical reason why states (such as Arizona) require a waiting period until the final entry of judgment declaring a marriage over: As same-sex couples who choose to marry learn, society has a great interest in maintaining marriages, particularly when children are involved. We want to ensure that the married couple has “every chance” to reconcile. So, upon filing for dissolution of marriage, we require counseling and mediation, and we generally require attorneys representing the parties to favor “reconciliation” over divorce.

Until 1966, Arizona required a one-year waiting period until the final entry of judgment ending the marriage. When he applied for his marriage license, McCain was aware that his marriage to his first wife was not legally concluded, but he may have perjured himself by attesting to the County Clerk’s Office that it was.

Compounding the problem for McCain is that the Sheriff of Maricopa County, where he obtained the license, is run by Sheriff Joe Arpaio, famous for his strict law and order approach to the law. Arpaio has got probable cause to believe a crime was committed. He will arrest John McCain like he would any other person.

Obviously, bigamy laws are designed to protect spouses from marriage fraud. McCain’s first wife, however, knew John was dumping her. And Cindy knew that McCain was married. So, although, in addition to being a bigamist, McCain is also an adulterer, most people don’t understand what the big deal’s about. After all, they all knew what was happening.

The big deal is that there are men and women who have made the same mistake John McCain did and are convicted felons because of it. Does John McCain get a pass while others have suffered because their second marriages were deemed invalid?

McCain’s behavior is also a reminder that the Republican Party, despite its supposed family values, really has no values: Sen. David Vitter sits in the Senate, despite his admission that he visited prostitutes (adultery), and Sen. Larry Craig stands convicted of a sex offense that would in every state disbar licensed professionals, such as teachers and realtors.

McCain’s marriage history reflects upon his character much more tellingly than his years as a POW. It should remind us all of when, in the last days of the November 2000 election, George W. Bush admitted a DWI conviction (that he had previously denied). He told us he hadn’t told the truth because he didn’t want his daughters to know about their dad’s history.

It was the first of many lies he would tell over the next eight years.