Libertarian law professor Richard Epstein writes about the Supreme Court cases on gay marriage:
Writers like me are required to choose between an originalism that cuts strongly against any recognition of gay marriage, and a libertarianism that cuts equally strongly in the opposite direction. The side of me that embraces fidelity to the Constitution strongly hopes for a legislative solution that may be soon coming. That solution answers the concern that a new legal regime favoring gay marriage will be foisted on an uneasy public by an elitist Supreme Court that is unduly swayed by a small and determined faction whose political influence is far in excess of its social support.
But the libertarian side of me rebels at the intellectual incoherence of the traditional solution, and thinks that the same conception of liberty should apply whether the government is punishing crime or doling out benefits only the government can supply. That view leads to the necessary conclusion that both the California and federal law should be struck down in a forceful opinion that also overrules Reynolds with its impermissibly authoritarian view of religious liberty.
Though I am still uncertain of how I would come down in these two cases, in the interest of full disclosure, I did lend my help to the anti-DOMA team...