Lawrence Rosenthal (Chapman University - School of Law) has posted The Chapman Dialogues: Same Sex Marriage - Response to Professor Eskridge (Chapman Law Review, Forthcoming) on SSRN. Here is the abstract:
This essay, a revision of remarks originally delivered as part of the Chapman Dialogues series at Chapman University School of Law, is a response to the remarks of Professor William Eskridge of Yale Law School making to case for the recognition of a constitutional right to same-sex marriage. The essay argues that the judicial establishment of a right in the face of deeply entrenched social norms, prior to the time at which the political groundwork necessary for the enforcement of the right has been laid, risks a powerful and ultimately counterproductive backlash.
