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When did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868, when the 14th Amendment was adopted?

Antonin Scalia

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Antonin Scalia
Age: 79 †
Born: 1936
Born: March 11
Died: 2016
Died: February 13
Associate Justice Of The Supreme Court Of The United States
Judge
Lawyer
Professor
Trenton
New Jersey
Antonin Gregory Scalia
Scalia
Antonin G. Scalia
Amendments
Homosexual
Adopted
Gay
Couple
Unconstitutional
Marriage
Exclude
Become
Couples
Amendment

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There is nothing new in the realization that the Constitution sometimes insulates the criminality of a few in order to protect the privacy of us all.
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Words have meaning. And their meaning doesn't change.
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I even accept for the sake of argument that sexual orgies eliminate social tensions and ought to be encouraged.
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A journalistic purpose could be someone with a Xerox machine in a basement.
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[If critics of the Pledge of Allegiance persuaded the public it should be changed] then we could eliminate under God from the Pledge of Allegiance, that could be democratically done.
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Devout Christians are destined to be regarded as fools in modern society. We are fools for Christ's sake. We must pray for courage to endure the scorn of the sophisticated world.
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Under all the usual rules of interpretation, in short, the Government should lose this case. But normal rules of interpretation seem always to yield to the overriding principle of the present Court: The Affordable Care Act must be saved.
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Ever so subtly, without even alluding to the last obstacles preserved by earlier opinions that we now push out of our path, we effectively replace the goal of a discrimination-free society with the quite imcompatible goal of proportionate representation by race and by sex in the workplace.
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Bear in mind that brains and learning, like muscle and physical skill, are articles of commerce. They are bought and sold. You can hire them by the year or by the hour. The only thing in the world not for sale is character.
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It would be gross understatement to say that the Telecommunications Act of 1996 is not a model of clarity. It is in many important respects a model of ambiguity or indeed even self-contradiction.
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Why can't the state accede to the public's wishes?
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[The] government has room to scale back individual rights during wartime without violating the Constitution. The Constitution just sets minimums. Most of the rights that you enjoy go way beyond what the Constitution requires.
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The attitude of people associating guns with nothing but crime, that is what has to be changed. I grew up at a time when people were not afraid of people with firearms.
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People look at rights as if they were muscles — the more you exercise them, the better they get.
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The principal purpose of stare decisis is to protect reliance interest and further stability in the law.
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If it were up to me, I would put in jail every sandal-wearing, scruffy-bearded weirdo who burns the American flag. But I am not king.
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The wise do not investigate such silliness.
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The Court today completes the process of converting Title VII of the Civil Rights Act of 1964 from a guarantee that race or sex will not be the basis for often will.
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If you think aficionados of a living Constitution want to bring you flexibility, think again. You think the death penalty is a good idea? Persuade your fellow citizens to adopt it. You want a right to abortion? Persuade your fellow citizens and enact it. That's flexibility.
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