Instant Classic: Shorter ScaliaJUSTICE SCALIA: When did it become unconstitutional to ban same-sex marriage? Was it 1791? 1868?
TED OLSON: When did it become unconstitutional to ban interracial marriage?
JUSTICE SCALIA: Don’t try to answer my question with your own question.
Update: To be fair to Scalia, here was his full answer: “It’s an easy question, I think, for that one. At — at the time that the Equal Protection Clause was adopted. That’s absolutely true. But don’t give me a question to my question.”
Truncated transcript from today's SCOTUS argument
For those of you who don’t want to read the transcript of the oral argument in Hollingsworth v. Perry, which is all of 82 pages long, or whose heads exploded when you tried to read it, I’ve written a helpful summary. It’s available below the jump.
This summary is still fairly long, but it’s shorter and I’ve worked to make things as accessible as possible to those without legal training.
As a result, there are some places where I might have oversimplified the legal argument. My summarizing might be partially colored by my personal viewpoints, but this is basically what happened, plus or minus the aliens eating children.