Scalia: ‘High-Handed’ Kennedy Has Declared Us ‘Enemies of the Human Race’

Tim Grieve National Journal 6/26/2013

Dissenting from this morning’s opinion on the Defense of Marriage Act, Justice Antonin Scalia – as expected – holds nothing back.

In a ripping dissent, Scalia says that Justice Anthony Kennedy and his colleagues in the majority have resorted to calling opponents of gay marriage “enemies of the human race.”

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When Did Same-Sex Marriage Become Unconstitutional?

Orin Kerr The Volokh Conspiracy 3/26/2013

At the oral argument today in Hollingsworth v. Perry, Justice Scalia repeatedly questioned Ted Olson on when same-sex marriage became unconstitutional. From the transcript:

JUSTICE SCALIA: I’m curious, when -­ when did — when did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868, when the Fourteenth […]