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This is the political scene, a weekly conversation with New Yorker writers and editors about politics.

It's Thursday, March 28th.

I'm Dorothy Wickendon, executive editor of The New Yorker.

This week, the Supreme Court heard arguments in two same-sex marriage cases.

When did it become unconstitutional to exclude homosexual couples from marriage?

1791, 1868, when the 14th Amendment was adopted,

sometimes after Baker, where we said it didn't even raise a substantial federal question.

When did the law become this?

That was Justice Scalia on Tuesday on the Proposition 8 case, California's ban on same-sex marriage.

On Wednesday, the court examined the Federal Defense of Marriage Act, and here's Justice Ginsburg.

And so you would be really diminishing what the state has said is marriage. You're saying, no, state, there are two kinds of

marriages, the full marriage and then the sort of skim milk marriage. Jeffrey Tubin and Margaret

Talbot are here today to discuss the two cases and the rapidly changing political climate

...