Jacob Sullum on the Fuzzy Logic of the Supreme Court's Ruling Against the Defense of Marriage Act
Senior Editor Jacob Sullum agrees with the Supreme Court that the federal government should recognize state-approved gay marriages, but he is not persuaded by the Court's rationale for concluding that such a policy is constitutionally required. For supporters of gay marriage, Sullum says, the fuzziness of the Court's reasoning can be seen as an advantage, since it opens the door to requiring state as well as federal recognition of same-sex unions. But if and when the Court takes that step, he argues, the lack of a clear and convincing constitutional argument will invite discord and disrespect.