Brian Raum: Marriage does not consist of straw men

SCOTUSblog: Brian Raum, head of marriage litigation for the Alliance Defense Fund, replies to Robert Levy as part of our same-sex marriage symposium . . . Some rights are so foundational to our system of government that we deem them “fundamental.” In his response to my earlier post in the SCOTUSblog marriage symposium, Robert Levy states that, under our current constitutional construct, a right is deemed fundamental if it is either “implicit in the concept of ordered liberty” or “deeply rooted in the Nation’s history and traditions.” But what he has missed is that it is not “either…or.”