Hollingsworth v. Perry
- Justice Scalia
- I’m curious, when -when did -- when did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868, when the Fourteenth Amendment was adopted? Sometimes -- some time after Baker, where we said it didn’t even raise a substantial Federal question? When -- when -- when did the law become this?
- Mr. Olsen
- When -- may I answer this in the form of a rhetorical question? When did it become unconstitutional to prohibit interracial marriages? When did it become unconstitutional to assign children to separate schools.
https://www.supremecourt.gov/oral_arguments/argument_transcripts/12-144.pdf