Epstein on the Gay Marriage Cases

Richard Epstein has two recent pieces discussing the Hollingsworth and Windsor cases.  One for Hoover’s Defining Ideas, the other for Ricochet.  In these pieces he notes some of his doubts about the libertarian case against DOMA and Proposition 8, but also suggests that Justice Kennedy — if he is to be consistent with his prior opinions — should not have such reservations.

I am still uncertain of how I would come down in these two cases . . . . But my equivocation on the case should not slow down Justice Anthony Kennedy. If he wants to maintain his own definition of liberty consistently, the author of the Lawrence opinion has to go the whole nine yards and come down in favor of gay marriage. . . .