What should have been said in the Supreme Court today!

In the Supreme Court today during an argument over Proposition 8 of California, Justice (sic!) Antonin Scalia asked Atty. Ted Olson, Esq., "When did it become unconstitutional to exclude gays from marriage?"

To which Mr. Olson replied with a quip, "When did it become unconstitutional to exclude interracial couples from marriage?"

I think it should have gone this way. Mr. Scalia plays himself, Boris Badenov plays Mr. Olson. And Justice Anthony Kennedy plays himself, too.

"When did it become unconstitutional to exclude gays from marriage?"




"June 26th, 2003."

"I don't recall that being decided."




"You don't recall, you honor? You said so, yourself."





"Okay, tell me when I said so."




"It's in your dissent opinion, Lawrence v. Texas."





"Since you're so smart, why don't you quote it?"





"Certainly, your honor.

" 'If moral disapprobation of homosexual conduct is “no legitimate state interest” for purposes of proscribing that conduct; and if, as the Court coos (casting aside all pretense of neutrality), “when sexuality finds overt expression in intimate conduct with another person, the conduct can be but one element in a personal bond that is more enduring,” what justification could there possibly be for denying the benefits of marriage to homosexual couples exercising “the liberty protected by the Constitution”?' "

"I never said any such thing."





"Oh, yes, you did."