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Reader Polls on Same-Sex Marriage

By Orin Kerr

(Orin Kerr)

I wanted to do a few reader opinion polls on matters related to gay marriage. Of course, different readers will have different views of how useful these polls are. But I?m curious, so here goes. (Oh yeah, and sorry for the strange formatting: There?s some sort of incompatibility between our software and Pollhost?s, and right now I can?t figure out what it is.)

Let?s start with the basic question of whether readers favor or are against same-sex marriage as a matter of policy. For purposes of this first poll, assume that favoring same-sex civil unions but not same-sex marriage counts as not favoring same-sex marriage.

As a matter of policy, do you favor same-sex marriage?
	Yes.
	No.
	I?m not sure.
Free polls from Pollhost.com

Now let?s turn to a legal question, the constitutionality of not recognizing same-sex marriage:

Do you think it is constitutional for a state to prohibit same-sex marriage?
	Yes.
	No.
	I don?t know.
Free polls from Pollhost.com

Now let?s get a little more specific. If the standard of review is rational basis, is there a rational basis for opposing same-sex marriage?

Do you think there is a rational basis on which to oppose same-sex marriage?
	Yes.
	No.
	I don?t know.
Free polls from Pollhost.com

Finally, here?s a question designed to get a sense of the jurisprudential basis of the views held by those who believe states must recognize same-sez marriage: When did the Constitution begin to require this? Please do not answer this if you think the Constitution does not require same-sex marriage.

If you believe the Constitution requires the recognition of same-sex marriage, when do you think the Constitution began to require it?
	Before or during the 1700s
	In the 1800s
	In the first half of the 20th Century through 1954
	During the Warren Court era (1954?1969)
	During the Burger Court era (1969?1986)
	During the Rehnquist Court era (1986?2005)
	During the Roberts Court era (2005? present)
Free polls from Pollhost.com

Full post as published by The Volokh Conspiracy on August 09, 2010 (boomark / email).