In response to ComingLiberalCrackup's comment:
During the argument, Justice Antonin Scalia was the one justice who voiced the most skepticism about the argument that limiting marriage to heterosexual couples is a violation of the Fourteenth Amendment’s Equal Protection Clause.
He said to Olson, “I'm curious, when did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868, when the Fourteenth Amendment was adopted? Was it always unconstitutional?”
Olson replied that “when we as a culture determined that sexual orientation is a characteristic of individuals that they cannot control” then at that point limiting marriage became unconstitutional.
Scalia then asked, “When did that happen?”
Olson responded, “There's no specific date in time. This is an evolutionary cycle.”
More proof that conservatives do not believe in evolution.
Rights are forever frozen in the time they were first written about? The idea of equality is forever stuck in 1868? That makes sense? Scalia should have joined the Vatican not the Supreme Court.