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.