Bonus: The Constitution and Same-Sex Marriage | America's Unwritten Constitution

The video provides a clear and concise overview of the legal pathway of same-sex marriage to the Supreme Court, effectively explaining complex procedural concepts like circuit splits and standing. The application of Professor Amar’s birthright equal-citizenship theory is intellectually stimulating and offers a novel perspective on constitutional interpretation. However, the video is not without limitations. The argument that sexual orientation is an immutable trait is presented as a ‘plain scientific fact,’ which oversimplifies a complex and debated topic. While the video acknowledges that some dispute this, it does not delve into the scientific evidence or counterarguments, potentially misleading viewers into thinking this is universally accepted. Additionally, the analogies to bills of attainder, ex post facto laws, and titles of nobility are creative but somewhat strained, and the video does not address potential counterarguments or the likelihood of courts accepting such interpretations. The video’s strength lies in its clear explanation of the legal context and its thought-provoking application of constitutional theory. However, it would benefit from a more nuanced discussion of the scientific basis for sexual orientation and a more critical examination of the proposed constitutional arguments. The adéquation between title and content is strong, as the video delivers exactly what it promises: a bonus lesson on the Constitution and same-sex marriage. Overall, the video is a valuable educational resource for those interested in constitutional law, but it should be viewed as an opinion piece rather than a comprehensive legal analysis.

The title accurately reflects the content, which is a bonus lesson on same-sex marriage and the Constitution.

8/10

The video is an educational supplement from YaleCourses, featuring a TA explaining legal concepts and applying a specific constitutional theory. The information is accurate and well-structured, but it represents an interpretation rather than a neutral overview, and the arguments are not subject to peer review.

• 00:00The 14th Amendment and same-sex marriage
• 00:52Proposition 8 and its backstory
• 02:03United States v. Windsor
• 03:13How a circuit split forces the Court's hand
• 05:52Amar's argument from the word "born"
• 08:19Three more clauses against marriage bans

• Yale Online Course: America's Unwritten Constitution — Course page for the full lecture series.
• Coursera: America's Unwritten Constitution — Enrollment page for assessments and certificate.
• YouTube Playlist: America's Unwritten Constitution — Full playlist of the course videos.

• Obergefell v. Hodges — The Supreme Court decision that ultimately legalized same-sex marriage, consistent with the video's prediction.

• Dissenting opinions in Obergefell v. Hodges