When did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868, when the 14th Amendment was adopted?
Antonin ScaliaIt would also be strange to find in the midst of a catalog of the rights of individuals a provision securing to the states the right to maintain a designated "Militia." Dispassionate scholarship suggests quite strongly that the right of the people to keep and bear arms meant just that.
Antonin ScaliaThe Court's decision reflects the philosophy that judges should endure whatever interpretive distortions it takes in order to correct a supposed flaw in the statutory machinery. That philosophy ignores the American people's decision to give Congress '[a]ll legislative Powers' enumerated in the Constitution. They made Congress, not this Court, responsible for both making laws and mending them.
Antonin ScaliaMany Americans do not want persons who openly engage in homosexual conduct as partners in their business, as scoutmasters for their children, as teachers in their children's schools, or as boarders in their home. They view this as protecting themselves and their families from a lifestyle that they believe to be immoral and destructive.
Antonin Scalia