Home > Uncategorized > ANTONIN SCALIA: ‘When Did It Become Unconstitutional To Exclude Homosexual Couples From Marriage?’

ANTONIN SCALIA: ‘When Did It Become Unconstitutional To Exclude Homosexual Couples From Marriage?’

ANTONIN SCALIA: ‘When Did It Become Unconstitutional To Exclude Homosexual Couples From Marriage?’

 

Business Insider ^ | 03/26/2013 | Brett LoGiurato

 

Posted on Tuesday, March 26, 2013 5:41:44 PM by SeekAndFind

 

English: Supreme Court Associate Justice Anton...

English: Supreme Court Associate Justice Antonin Scalia testifies before the House Judiciary Committee’s Commercial and Administrative Law Subcommittee on Capitol Hill May 20, 2010 in Washington, DC. Scalia and fellow Associate Justice Stephen Breyer testified to the subcommittee about the Administrative Conference of the United States. (Photo credit: Wikipedia)

 

 

 

During oral arguments today at the Supreme Court, Justice Antonin Scalia and attorney Ted Olson had a pointed exchange over whether same-sex marriage is a fundamental right guaranteed by the U.S. Constitution.

 

 

 

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.

 

gophum

gophum (Photo credit: GunnyG1345)

 

 

 

“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.

 

(Excerpt) Read more at businessinsider.com …

 

via ANTONIN SCALIA: ‘When Did It Become Unconstitutional To Exclude Homosexual Couples From Marriage?’.

 

IS THIS MAN, PRESIDENT OF THE UNITED STATES OF...

IS THIS MAN, PRESIDENT OF THE UNITED STATES OF AMERICA, THE LEADER OF THE FREE WORLD, MENTALLY ILL? (Photo credit: SS&SS)

 

 

 

 

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