So why didn’t the liberal justices agree to rule on whether governments are constitutionally obligated to recognize same-sex unions as marriages? You would think they would be eager to bask in the praise that would surely come their way for writing the Brown v. Board of our time. And they would, for that matter, probably believe that praise. Maybe they want to give Justice Kennedy a little more time to figure out just where in the Constitution the right to same-sex marriage is. The appeals courts, as Matt Franck points out, are a little fuzzy on that question. But they’re sure it’s in there somewhere!