JUSTICE ALITO: Gay Marriage Is 'Newer Than Cell Phones Or The Internet'
"Traditional marriage has been around for thousands of years. Same-sex marriage is very new," Alito told Solicitor General Donald Verrilli, according to court transcripts.
"There isn't a lot of data about its effect. And it may turn out to be a good thing; it may turn out not to be a good thing, as the supporters of Proposition 8 apparently believe. But you want us to step in and render a decision based on an assessment of the effects of this institution which is newer than cell phones or the Internet? I mean we — we are not — we do not have the ability to see the future."
Verrilli pushed back on that argument by saying that California has not been cautious in pursuing other equal-rights laws, such as equal parenting and adoption rights.
"Yeah, but the rest of the country has been cautious," Justice
Verrilli rejected Scalia's charge, saying that Prop 8 challengers were not "taking the position that it is required throughout the country."
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