In reading Ed Whelan's parsing of the transcripts of today's hearing in Hollingsworth v. Perry, he points out a section that should be a stark reminder of the true basis of liberal jurisprudence (that is, living constitutionalism). Justice Scalia was in the middle of a back and forth with Ted Olson, who is representing the side wishing to overturn California's Proposition 8, when he asked Olson to state just exactly when it had become unconstitutional to claim that marriage does not include members of the same sex:
JUSTICE SCALIA: Was it always unconstitutional?
MR. OLSON: It was constitutional when we - as a culture determined that sexual orientation is a characteristic of individuals that they cannot control, and that that -
JUSTICE SCALIA: I see. When did that happen? When did that happen?
MR. OLSON: There's no specific date in
is an evolutionary cycle.
JUSTICE SCALIA: Well, how am I supposed to decide a case, then -
Sounds like a constitutional republic to me....
No comments:
Post a Comment