I think Maggie Gallagher is right to interpret Elena Kagan’s comment about a constitutional right to same-sex marriage as a statement about Supreme Court precedent, not about how she thinks the Court should decide some future case on the question. I think she is unfair, though, in imputing bad faith to William Jacobson. His defense of his own interpretation does not persuade me on the merits–not least because he doesn’t grapple with Kagan’s own clarification–but I have no reason to doubt his sincerity.