Let me make clear that I don’t view Barack Obama’s model answer to his final-exam question as conclusive proof of his position on the constitutionality of traditional marriage. The question is asking his students to advise hypothetical clients, and the advice therefore naturally is in the nature of predicting how courts will apply Supreme Court precedent. Further, parts of the model answer are more hedged. That said, I think the categorical nature of the opening sentence is reasonably read as bespeaking a strong sympathy with the position that there is a constitutional right to same-sex marriage. And, more importantly, I find it highly improbable that the sort of justices he would set out to appoint would think otherwise.
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About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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