The Scalian Logic for Same-Sex Marriage

This week SCOTUSblog is hosting an online symposium about the Supreme Court’s consideration of litigation challenging the federal Defense of Marriage Act and California’s Proposition 8.  My contribution begins:

Constitutional law makes strange bedfellows. It can even unite supporters and opponents of same-sex marriage. Consider this: If Justice Scalia’s aggressive reading of Lawrence v. Texas (2003) is correct, could a Justice who refuses to overrule that decision reject a same-sex marriage claim?

I think the answer is probably “no.”