Justice [Antonin] Scalia: [W]hen did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868, when the Fourteenth Amendment was adopted? . . . Has it always been unconstitutional? . . . You say it is now unconstitutional.
[Theodore Olson, attorney arguing that Proposition 8 is unconstitutional]: Yes.
Justice Scalia: Was it always unconstitutional?
Mr. Olson: [W]hen we as a culture determined that sexual orientation is a characteristic of individuals that they cannot control . . .
Justice Scalia: When did that happen? When did that happen?
Mr. Olson: There’s no specific date in time. This is an evolutionary cycle.
Justice Scalia: Well, how am I supposed to know how to decide a case, then, if you can’t give me a date when the Constitution change[d]?
—Proposition 8 Oral Argument
March 26, 2013
Conservatives are waiting around for the bad news coming in June from the Supreme Court “gay-marriage” decisions. There is a way out, even at this late date, but it takes some...