On Thursday night’s The Daily Show, Jon Stewart took the Supreme Court to task for the Justices’ ambivalence about the discriminatory intent behind the passage of the Defense of Marriage Act, highlighting anti-gay testimony from the House floor in 1996. He also called out Justice Scalia’s claim that there is “considerable disagreement among sociologists,” pointing out that there is actually consensus among medical professionals, “whereas on the opposing side, there’s some fucking guy who put out a thoroughly discredited study, or as that’s known on the right, ‘conclusive proof.’”
Stewart had little patience for Justice Alito’s caution that same-sex marriage is “newer than cell phones or the Internet”:
STEWART: We want you to step in and render a decision based on whether it’s right, and fair, and just under the Constitution — having nothing to do with its “newness” and what you think might happen, which, by the way, what do you think might happen? That they’ll discover that letting two ladies get married is going to rip open a hole in the ozone layer? I got news for you, gay marriage will definitely cause less national harm than cell phones or the Internet.
Here’s one thing I’m pretty sure you don’t have to do: you don’t have to beta-test rights. “Black people have only been here 50 years, I mean, let’s see how the Netherlands does with them before we lift the barriers.”