SCALIA: 'When Did It Become Unconstitutional To Exclude Homosexual Couples From Marriage?'
Scalia's argument, which was advanced by Chief Justice John Roberts before him, was that when the institution of marriage developed historically, it was not done with the explicit intent of excluding gay and lesbian couples.
"We don't prescribe law for the future," Scalia said. "We decide what the law is. I'm curious, when did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868? When the Fourteenth Amendment was adopted?"
Olson countered that with a question of his own, bringing up two past high-profile cases involving discrimination.
"When did it become unconstitutional to prohibit interracial marriages? When did it become unconstitutional to assign children to separate schools?" Olson asked.
The two went back and forth, with Scalia repeatedly questioning when, specifically, it became unconstitutional to bar gay couples from marrying. Olson argued back, but ended up conceding that there was no specific date.
"Well, how am I supposed to how to decide a case, then, if you can't give me a date when the Constitution changes?" Scalia said.
"Because in the case that's before you today, the citizens of California decide — after the California Supreme Court decided that individuals had a right to get married irrespective of their sexual orientation in California — then the Californians decided in
Now Watch – PETER ORSZAG: 'We're Going To End Up Regretting' What We Did With Taxes In The Fiscal Cliff Deal
- I spent $2,000 for 7 nights in a 179-square-foot room on one of the world's largest cruise ships. Take a look inside my cabin.
- Colon cancer rates are rising in young people. If you have two symptoms you should get a colonoscopy, a GI oncologist says.
- Saudi Arabia wants China to help fund its struggling $500 billion Neom megaproject. Investors may not be too excited.
- Catan adds climate change to the latest edition of the world-famous board game
- Tired of blatant misinformation in the media? This video game can help you and your family fight fake news!
- Tired of blatant misinformation in the media? This video game can help you and your family fight fake news!
- JNK India IPO allotment – How to check allotment, GMP, listing date and more
- Indian Army unveils selfie point at Hombotingla Pass ahead of 25th anniversary of Kargil Vijay Diwas
- JNK India IPO allotment date
- JioCinema New Plans
- Realme Narzo 70 Launched
- Apple Let Loose event
- Elon Musk Apology
- RIL cash flows
- Charlie Munger
- Feedbank IPO allotment
- Tata IPO allotment
- Most generous retirement plans
- Broadcom lays off
- Cibil Score vs Cibil Report
- Birla and Bajaj in top Richest
- Nestle Sept 2023 report
- India Equity Market