When did it become unconstitutional to exclude homosexual…

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

Antonin Scalia

About This Quote

This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.

Scalia questions when it became unconstitutional to exclude same‑sex couples from marriage, implying a historical inconsistency.

In simple terms: Historical inconsistency in marriage rights.

Key Takeaway

Reexamine constitutional intent.

Themes

law rights history

Mood

analytical inquisitive

Type

legal historical

When to use this quote

court decisions
legislative history
public opinion

Key Concepts

equal protection marriage law judicial review

Questions to Reflect On

How have legal definitions of marriage shifted?
What role does originalism play here?

A Different Perspective

The quote may oversimplify complex legal evolution.

★ ★ ★ ★ ★ No ratings yet

More by Antonin Scalia

What is a moderate interpretation of the text? Halfway between what it really means and what you'd like it to mean?

Antonin Scalia

If you think aficionados of a living Constitution want to bring you flexibility, think again. You think the death penalty is a good idea?…

Antonin Scalia

More importantly, the Court forgets that ours is a government of laws and not of men. That means we are governed by the terms…

Antonin Scalia

Wringing your hands about states' rights, forget it. They're gone. Basically, the federal government can do whatever it wants. Who's going to protect the…

Antonin Scalia

If you condemn someone who has committed a crime to be tortured, that would be unconstitutional.

Antonin Scalia

Burning the flag is a form of expression. Speech doesn't just mean written words or oral words. It could be semaphore. And burning a…

Antonin Scalia

Being a good person begins with being a wise person. Then, when you follow your conscience, will you be headed in the right direction.

Antonin Scalia

The court's job is to uphold the Constitution and you don't call that off in times of crisis. Would the framers have allowed this…

Antonin Scalia

We have laws against torture. The Constitution says nothing whatever about torture. It speaks of punishment; 'cruel and unusual' punishments are forbidden.

Antonin Scalia

If I have brought any message today, it is this: Have the courage to have your wisdom regarded as stupidity. Be fools for Christ.…

Antonin Scalia

Many think it not only inevitable but entirely proper that liberty give way to security in times of national crisis--that, at the extremes of…

Antonin Scalia

That's the argument of flexibility and it goes something like this: The Constitution is over 200 years old and societies change. It has to…

Antonin Scalia

Why in the world would you have it interpreted by nine lawyers?

Antonin Scalia

Who ever thought that intimacy and spirituality [whatever that means] were freedoms? And if intimacy is, one would think Freedom of Intimacy is abridged…

Antonin Scalia

I'm nervous about our civic culture. I'm not sure the Internet is largely the cause of it. It's certainly the cause of careless writing.…

Antonin Scalia

Explore all 146 Antonin Scalia quotes

More 14th amendment quotes

Congress decides who becomes a citizen and how. To automatically say the 14th Amendment grants birthright citizenship, no, we can't change that. Amending the…

Rush Limbaugh

Nothing in the 14th Amendment or in any other constitutional provision suggests that the president may usurp legislative power to prevent a violation of…

Laurence Tribe

The 14th Amendment was passed after the Civil War to apply to former slaves to ensure that they are treated like all other citizens.…

Rush Limbaugh

Individuals for whom no orthodox cure is available surely are entitled to select a health care approach…This right (is) specifically within,,,the 1st, 4th, 5th,…

Luther L. Bohanon

The Constitution says nothing about anchor babies. The 14th Amendment says nothing about birthright citizenship.

Rush Limbaugh

The 14th Amendment was recognized right away to be problematic. The concept of person was both too narrow and too broad, and the courts…

Noam Chomsky

I have very deep concern about the legacy of the Rehnquist court and its efforts to restrict congressional authority to enact legislation by adopting…

Dianne Feinstein

The Constitution is very clear: Congress has sole discretion over defining who is and who isn't a citizen and how you become one. It's…

Rush Limbaugh

Defending birthright citizenship is about being on the right side of liberty. The 14th Amendment is a great legacy of the Republican Party.

Mark McKinnon

The 14th Amendment, 2nd Amendment, there's nothing in the Constitution that says that if you are born to an illegal immigrant in America, that…

Rush Limbaugh

The Court is making the preposterous assumption that the People of the United States somehow silently redefined marriage in 1868 when they ratified the…

Ted Cruz

All children should be welcomed into the world and protected by the law. As President, I would immediately repeal President Clinton's five executive orders…

Gary Bauer