. >> does equal protection mean you have to hear unisex toilets? -- need to have unisex toilets? >> if your " -- your " in california -- certainly, the constitution does not require discrimination on the basis of sex. the only issue is whether it prohibits it. it does in the. no one -- does not. no one ever voted for that. if the current society wants to of nondiscrimination by sex, we have things called legislature's that and that things call laws. why does the 14th amendment then not cover women? >> the 14th amendment does not apply to private discrimination. i was speaking of title 7 and laws that prohibit private discrimination. the 14th amendment says nothing about private discrimination. only discrimination by the government. >> so, i see what you meant. all right. if i can, let's go to justice scalia. in the past, you have advocated a constitutional interpretation called for regionalism in which the meaning of a constitutional provision is based on the meaning in 1789. you have also said that government, even at the supreme court level is a practical exercise, and -- well,

. >> does that mean you have to have unisex toilets? >> no, no, this is your " son, mr. justice. in california, certainly the constitution does not require discrimination on the basis of sex. the only issue is whether it prohibits it. it does not. nobody ever thought that is what it meant and nobody but of that. the current law wants to discriminate with sex, that we have things with sex, we have a legislature that the next things bylaws. why doesn't the 14th amendment cover when in frigid women? >> if does not apply to private demint -- discrimination. i was speaking of laws that prohibit private discrimination. only discrimination by government. >> i see what you meant. ok. to justiceet's go scalia. in the past you have advocated a constitutional interpretation called our regionalism -- originalism. meaning from 1789. you have also said that government even if the supreme court level is a practical exercise. let me just say what i'm trying to thing. in other words, that the constitution should be interpreted for its meaning had its origin. justice breyer, you have taken the pos