Avoiding Another Roe

Yale law professor William Eskridge argues that the Supreme Court should issue a narrow ruling on Perry v. Schwarzenegger:

Like the Warren Court did in the different-race marriage cases, the Roberts Court should not be in a hurry to reach the constitutional merits of the same-sex marriage cases. If the Justices reach the merits, they should craft an opinion that decides the California appeal but goes no further.  A Romer-based approach is the best the Court can do under those circumstances—and then watch as the state-by-state debate eventually runs out and a rough consensus emerges among younger Americans, who I believe will ultimately find same-sex marriage a constitutional no-brainer.