Justice Scalia: Right, you’re on the principle that life is not fair, right?
Mr. Brockman: Life is not fair. Maryland taxes are.
Justice Scalia: Well, religious beliefs aren’t reasonable. I mean, religious beliefs are categorical. You know, it’s God tells you. It’s not a matter of being reasonable. God be reasonable? He’s supposed to have a full beard.
Ms. Mizner: Well, this Court has espoused a warrant presumption…
Justice Scalia: Well, but that — that presumption is — is simply not — you don’t believe that presumption, do you?
Mr. Rosenthal: But we’re not—we’re not dealing with that hypothetical.
Justice Scalia: I know we’re not. That’s why it’s a hypothetical.
Justice Scalia: I join the judgment of the Court, and all of its opinion except Part I–A and some portions of the rest of the opinion going into fine details of molecular biology. I am unable to affirm those details on my own knowledge or even my own belief.
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.