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Gay Marriage and Activist Judging

Reason's Jacob Sullum offers the strict-constitutionalist case for gay marriage: "I realize opponents of same-sex marriage think they have good reasons for denying gay couples the rights and privileges that straight couples enjoy, and they would argue that homosexuals and heterosexuals are not “similarly situated.” But you know what? Screw them. I am tired of defending the constitutional principles that social conservatives use to restrict liberty, because they so rarely return the favor by supporting those same principles when the effect is to expand liberty. When a supposedly principled originalist like Antonin Scalia can endorse a ridiculously broad reading of the Commerce Clause because the case involves pot, why should I stick my neck out by arguing that the original understanding of equal protection precludes its use in gay marriage cases?"

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