Vital Signs

Gay Marriage, Before the Ruling

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...

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