The U.S. Supreme Court will hear Prop 8 and DOMA cases. Obviously no one knows the outcome, but Justice Antonin Scalia provided yet another indication about his perspective on LGBTs, and they remain decidedly in the anti-LGBT side of things.
At an appearance at Princeton University, freshman Duncan Hosie questioned Scalia about his dissenting opinion in Lawrence v. Texas (a 2008 decision which struck down a Texas anti-sodomy law), in which he equated laws banning sodomy to laws banning murder and bestiality.
Via Metro Weekly, Scalia’s response to Hosie:
‘If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?’ Scalia asked, adding that he was not equating homosexuality to murder but the similarities to the bans on both.
‘It’s a reduction to the absurd. … I don’t think it’s necessary but I think it’s effective,’ Scalia said, according to The Daily Princeton.
‘I’m surprised you weren’t persuaded,’ he added.
Apparently Scalia thinks his “moral feelings” are a good basis for interpreting the Constitution.
MetroWeekly also reports that in responding to Hosie, Scalia once again emphasized his perspective (perhaps based on his moral feelings) that the Constitution
… isn’t a living document. It’s dead, dead, dead, dead.’
Not just kind of dead. Really, really dead. And yet, Scalia added:
‘My Constitution is a very flexible one. … There’s nothing in there about abortion. It’s up to the citizens. … The same with the death penalty.’
In Scalia’s dissenting opinion to the Lawrence v. Texas decision, he
… accused the court of signing onto the ‘so-called homosexual agenda’ directed at ‘eliminating the moral opprobrium that has traditionally attached to homosexual conduct.’
Scalia added, in part, ‘If moral disapprobation of homosexual conduct is ‘no legitimate state interest’ … what justification could there possibly be for denying the benefits of marriage to homosexual couples?’
I well remember the many smiles that resulted from that question. And I’ll predict that Scalia will do his moral feelings best to deny marriage equality.
(Antonin Scalia photo via SCOTUS)