Balkin on Same-Sex Marriage

Yale Law School's Professor Jack Balkin has posted a lengthy discussion and examination of several different "constitutional theories of same sex marriage," including "sex equality", "sexual orientation discrimination", "irrational discrimination", the no-laws-based-on-"animus" rule of Romer v. Evans, and the "fundamental due process right to marry."  Balkin evidently prefers -- or, at least, finds most plausible and likely to succeed -- the first two arguments.

Rick