Robert Levy: “Marriage equality: protect or promote?”

SCOTUSblog: Robert Levy, Chairman of the Cato Institute, responds to Brian Raum as part of our same-sex marriage symposium . . . Contrasting Lawrence v. Texas with Perry, Brian Raum contends in his post (“If you can’t beat ‘em, join ‘em”) that “the central holding in Lawrence is perfectly reasonable because the law need not promote everything it protects.” Brian continues, “The Constitution contains an equal protection clause, not an equal promotion clause.” . . . Yet Brian suggests that Kris Perry’s goal, expedited by Judge Walker, was to promote same-sex marriage rather than protect a right to marriage equality. That suggestion is totally unsubstantiated. No part of Judge Walker’s holding actively encourages, much less expresses a preference for, same-sex marriage.