Justice Scalia Got Served By Ted Olson During “Prop 8” Arguments

During today’s oral arguments on California’s gay marriage ban (Prop 8), Justice Scalia asked Ted Olson, the lawyer challenging Prop 8, “When did it become unconstitutional to exclude homosexual couples from marriage? 1791 [Bill of Rights ratification]? 1868, when the 14th Amendment was adopted?” Olsen answered Scalia’s question with his own question responding with, “When did it become unconstitutional to prohibit interracial marriages?”

Justice Scalia… You got served.

However, Scalia did push back with, “It’s an easy question. At the time that the equal protection clause was adopted. That’s absolutely true. But don’t give me a question to my question.”

It never ceases to amaze me the things Scalia says. You could ask that bullshit question about just about anything that hasn’t explicitly been ruled on. The final word on what is or isn’t constitutional is by the Supreme Court. So the answer to Scalia’s question could indeed be simple. — It became unconstitutional to “exclude homosexual couples from marriage” when THIS Supreme Court ruled as such in June of 2013. Will that happen? Stay tuned.

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