What was the most significant part of the oral argument in Perry v. Hollingsworth, the Proposition 8/California same sex marriage case, back last March 26? I think it had to be this:
JUSTICE SCALIA: [W[hen did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868, when the Fourteenth Amendment was adopted? Sometimes -- some time after Baker, where we said it didn't