In a scathing dissent, Justice Antonin Scalia wrote, “Do not believe it.” Then, in 2013, when the Court struck down the federal Defense of Marriage Act’s definition of marriage as being between a man and a woman, emphasizing the tradition of letting the states define marriage, Scalia issued another warning, saying that “no one should be fooled” into thinking that the Court would leave states free to exclude gay couples from that definition. In 2003, when the Supreme Court held, in Lawrence v. Texas, that criminalizing gay sex was unconstitutional, it insisted that the decision had nothing to do with marriage equality.
