Ted Olson, arguing for the pro-equality litigants, eloquently characterizes marriage as a fundamental individual right. He argues that Proposition 8 “walls off” gay and lesbian Americans from the institution of marriage. Justices Roberts and Scalia press forward with clearly hostile questioning. Justice Scalia, in particular, asks “when did it become unconstitutional to exclude homosexuals from marriage?” Mr. Olson responds with his own rhetorical questions, pointedly reminding the Court that bans on school segregation and interracial marriage were tolerated in America for centuries before the Supreme Court finally recognized their unconstitutionality in the mid-20th Century.