Matthew J. Franck: Professor Klarman sows the dragon’s teeth on Supreme Court and marriage

Matthew J. Franck writing at Bench Memos: “Klarman is clearly a partisan of same-sex marriage, and he doesn’t much care, it seems, whether a right to such marriage can be legitimately derived from the text or principles of the Constitution . . . Should the Supreme Court step unwarily into the firestorm of the same-sex marriage issue, with a ruling that upholds the radicalism of Judge Walker (even if rewritten in less inflammatory terms), it will go down in history not as Brown-like ‘statesmanship,’ but as Roe-like usurpation. And this for the simple reasons that no plausible connection can be made between same-sex marriage and the principles of the Constitution; no plausibly just case exists for dismantling the natural institution of conjugal marriage and pretending that other couplings or unions are indistinguishable from it; and the American people cannot be chivvied by their “betters” into believing otherwise.” | Klarman’s article is here.