Does the Constitution Require Same-Sex Marriage?

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Whether gay marriage is a good thing and whether the constitution requires it are two different questions. In this video from a recent Columbus Federalist Society debate, Volokh Conspirator Jonathan Adler, NRO “Bench Memos” blogger Ed Whelan, and Capital Law Prof. Mark Strasser debate the second question.  (I moderate.)

The panelists offer a full range of views: Whelan is against gay marriage and doesn’t think the Constitution requires it; Adler supports gay marriage but doesn’t think the Constitution requires it; and Strasser supports gay marriage and thinks the Constitution requires it.   (Well, it’s not quite a full range — you’ll have to look elsewhere to find someone who is against gay marriage but nonetheless thinks the Constitution requires it.)

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