SCALIA: 'When Did It Become Unconstitutional To Exclude Homosexual Couples From Marriage?'
During oral arguments today at the Supreme Court, Justice Antonin Scalia and attorney Ted Olson had a pointed exchange over whether same-sex marriage is a fundamental right guaranteed by the U.S. Constitution.Scalia's argument, which was advanced by Chief Justice John Roberts before him, was that when the institution of marriage developed historically, it was not done with the explicit intent of excluding gay and lesbian couples.
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