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
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.
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?”
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.
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