JUSTICE SCALIA: I — it’s true, but 8 irrelevant. They’re arguing for a nationwide rule which 9 applies to States other than California, that every 10 State must allow marriage by same-sex couples. And so 11 even though States that believe it is harmful — and I 12 take no position on whether it’s harmful or not, but it 13 is certainly true that — that there’s no scientific 14 answer to that question at this point in time.

Who bears the burden here?