Bench Memos

Obama’s Constitutional Contradiction on Marriage

Up until last year, President Obama publicly purported to support traditional marriage laws in the states while also advocating robust civil unions for same-sex couples. With yesterday’s amicus brief, Obama now maintains that the position that he held until last year is unconstitutional—that a state can’t confer on same-sex couples the legal incidents of marriage without also calling their relationships marriages.

What a stark example of the utter unreliability of the “living Constitution” approach. Given the laughable instability of Obama’s constitutional thinking, why should anyone accord his views any respect?


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