Jon Stewart took a look at the arguments being made in favor of continuing to discriminate against gay people, via DOMA- the Defense of Marriage Act, currently being debated in the Supreme Court. With an assist from audio of Supreme Court Justice Elena Kagan, who read from the text of DOMA during the Supreme Court hearings, Stewart explained that DOMA was passed on moral grounds: in 1996, it was considered the moral thing to do to deny gays the right to marry.
That's awfully problematic for the conservative lawyers arguing to maintain DOMA, because the moral argument no longer stands. Stewart takes a quick tour of the new arguments conservatives are patching on to defend the Defense of Marriage Act.
Scalia: allowing gay marriage would allow gay adoptions, and the literature is mixed on whether that's a good thing.
Two rebuttals (first I'm stealing from Stewart, second is mine): one, studies have shown that parent sexual orientation has no effect on the kid's wellbeing. Two, is there anything more nanny statist than trying to control who gets to be a parent? And if you were going to control that, would you really start with sexual orientation? Not ability to clothe and shelter, basic understanding of nutrition, lack of tendency toward violence...?
Alito: Gay marriage is very new. We're not comfortable making a decision on it yet.
Rebuttal: Fine, then why don't you just decide to undo Congress' decision to legally discriminate against it.
It's understandable that conservatives have a bit of whiplash on gay marriage these days. A child born on the day DOMA was passed would be able to get her driver's license, but would still be a year and a half from being able to vote (side note: how ridiculous would it sound if we were debating the right to vote for gays?). Sixteen and a half years ago, DOMA passed on moral grounds through the House, 342-67 and the Senate, 85-14. Now that sentiment seems like one from a distant past. So, sure, some people need a moment to catch their breath on this one.
Alright, you've had your moment. Now join the rest of us on the right side of history.