Originalism and Same-Sex Marriage
The ongoing string of decisions invalidating state prohibitions on same-sex marriage leads to me to ask the following question: What should an originalist say about these cases? I presume the answer must be that they are incorrect. Same-sex marriage was not permitted in any state until 2004, and there is nothing about sexual orientation in the text of the Constitution or in the debates surrounding the amendments. Moreover, when the Equal Rights Amendment was defeated in the 1970s, part of the reason offered by its foes was that the ERA would permit same-sex marriage. Granted, the original understanding of a defeated amendment is not the same as the original understanding of a ratified one, but one would think that this would still matter to some extent to an originalist.
Is there an originalist defense of these cases? If so, what is it?