W hen the U.S. Supreme Court made same-sex marriage the law of the land last month, did it create a “new right” as the dissents claimed?
Or is it rather, as some of us have long argued, that the Constitution protected that right for nearly a century and a half, like the right to same-sex sodomy (Lawrence v. Texas), to interracial marriage (Loving v. Virginia), to sell and use contraceptives (Griswold v. Connecticut), to integrated public schools (Brown v. Board of Education), to educate one’s child in a parochial school (Pierce v. Society of Sisters), and, dare I say, to freedom of contract in employment (Lochner v. New York)?
