Eugene Volokh, who teaches law at UCLA and spearheads the popular "Volokh Conspiracy" blogsite (basically libertarian-conservative), takes on the recently enacted Virginia law that forbids recognition of any "private contract or other arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage." Quite rightly characterizing this as an assault on the right of contract, Volokh writes:
"What's the harm of two people of the same sex promising each other that they'll share property, or support each other? The ability to make legally binding contracts...is the power to plan for the future with confidence -- to defer short-term gratification today with the expectation that one will get benefits over the long term. Contract law is premised on the recognition that this power is valuable both to the individual and to society ... and on the recognition that it is generally best to let people decide for themselves the proper terms of the contracts..."
Volokh also
recently took on anti-gay marriage polemicist David Frum,
who asserts Massachusetts same-sex marriage would force other
states to recognize gay unions. Vokokh, an expet in constitutional
law, puts Frum in his place.
By the way, isn't it interesting that some conservatives oppose
any state being allowed to recognize same-sex marriage for fear
that all states would have to recognize it, and then support a
federal constitutional amendment that would forbid any
state from recognizing such marriages (so much for states'
rights!).