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California Constitution did not permit excluding gays and lesbians from the right to get married."What followed was an exchange between Olson and Justice Scalia wherein the justice found a way to gin up his favorite talking point about constitutional interpretation. "When did it become unconstitutional to exclude homosexual couples from marriage?" Justice Scalia asked. "1791? 1868, when the Fourteenth Amendment was adopted?" And so on. Again, Olson shot back with two questions of his own. "When did it become unconstitutional to prohibit interracial marriages? When did it become unconstitutional to assign children to separate schools?" At least Justice Scalia didn't respond with any more homophobic references.Finally, from Verrilli, the solicitor general,[link widoczny dla zalogowanych], there was this: "We are not taking the position that it [same-sex marriage] is required throughout the country," he told the justices. "We think that that ought to be left open for a future adjudication in other