There's been an interesting debate going on the Volokh Conspiracy this week on whether there is an originalist case for a right to same-sex marriage (originalism being the theory of constitutional interpretation that the U.S. Constitution should be viewed through the lens of what the public at the time, or, alternatively, what Founding Fathers or the framers of later constitutional amendments, intended about the constitution). Orin Kerr argues there is no serious case under the theory of originalism for same-sex marriage. He notes that there have been originalist arguments that reason that the 14th Amendment recognizes the principles of freedom and equality, equal treatment in marriage choices, rejection of caste legislation or rejection of sex discrimination, and that same-sex marriage laws violate those principles. But Kerr says none of the theories seem to be based on "specific constitutional text as it was understood by the public at the time of its enactment."