Originalism and Same Sex Marriage

In 1868 when the 14th Amendment to the U.S. Constitution was ratified same-sex marriage would not have been a political issue. This is in spite of the fact that there were undoubtedly many gay persons at the time. What one literary theorist has called "compulsory heterosexuality" would have prevailed then. So this makes same-sex marriage a significant subject for considering the concept of originalism.  The seminal case considered is OBERGEFELL ET AL. v. HODGES, DIRECTOR, OHIO DEPARTMENT OF HEALTH, ET AL., which was decided June 26, 2015.   JUSTICE KENNEDY delivered the opinion of the Court. It was a 5-4 decision. Each of the four justices dissenting wrote dissenting opinions. The decision was a reversal of the judgment of the Court of Appeals for the Sixth Circuit.   The decision applied the "Due Process and Equal Protection Clauses of the 14th amendment to the U.S. Constitution.

The second item that follows is a paper that discusses same sex marriage from an Originalist perspective.  The authors consider the constitutionality of bans on same sex marriage from this perspective, and they conclude that State laws banning same sex marriage violate the Fourteenth Amendment. 

The third item that follows is an article from the New York Times in which in which the inconsistent application of Originalism by the Conservative justices is identified and exposed.

1) United States Supreme Court (Same Sex Marriage)- OBERGEFELL ET AL. v. HODGES, DIRECTOR, OHIO DEPARTMENT OF HEALTH, ET AL.

https://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf

2) Originalism and Same-Sex Marriage- Steven G. Calabresi, Hannah M. Begley (University of Miami Law Review-5-1-2016)

https://repository.law.miami.edu/cgi/viewcontent.cgi?article=4466&context=umlr

3) New York Times September 10, 2018, Does Originalism Matter Anymore? By Eric J. Segall

https://www.nytimes.com/2018/09/10/opinion/kavanaugh-originalism-supreme-court.html