Scalia Strikes Again

By Jeffrey Page

Well, of course Antonin Scalia dissented in The Decision this week as the Supreme Court overturned the Defense of Marriage Act and basically informed gay men and women that this really is one nation after all. Anyone who was surprised by Scalia’s vote was fooling himself.

For me, it was another Scalia moment that came to mind, the case in 2003 when the Supreme Court struck down a Texas anti-sodomy law that had been on the books for years and practically never enforced. The court essentially ruled that what happens in a bedroom between consenting adults is nobody’s business but their own.

At the time of the Texas case, the dissenting Scalia expressed great fear for the nation. He said, “The court has largely signed on to the so-called homosexual agenda.”

What agenda did Scalia have in mind? Was it the one in which gay people vow they will not tolerate the crucifixion of young gay men on frontier fences in Wyoming, the tortured end of Matthew Shepard in 1998?

Was it the one in which gay men and women say they will no longer accept being treated as semi-citizens?

Or was it the agenda in which they demand the right to marry their person of choice – just as Scalia did when he wed Maureen McCarthy in 1960.

Could it have been the agenda that notes the presence of gay people in the military and their objection to being kicked out because of sexual orientation?

Or was it the agenda that has as its basis a demand for strict interpretation of the 14th amendment: “All persons born or naturalized in the United States … are citizens of the United States and of the state wherein they reside.” It goes on to declare that no state shall deny to any person within its jurisdiction the equal protection of the laws. Equal protection; I could have sworn every judge from the Supremes down to traffic court knew the meaning of that.

Anything wrong with these agendas?

When we speak of Scalia, we speak of a judge who coined an ear-catching phrase a decade or so ago – “homosexual sodomy” – and has been riding it ever since. This is a judge who said that outlawing “homosexual sodomy” is “a no-brainer” when he must know somewhere in his soul that outlawing sex between men, women or a combination isn’t possible. Scalia may be unhappy that he has no control over this but it doesn’t matter. Government cannot outlaw that which nature has sanctioned.

“For 200 years, ‘homosexual sodomy’ was criminal in every state,” Scalia said last year as if to suggest that made the criminalization acceptable.

He forgot to mention that slavery became illegal 78 years after the Constitution was ratified. Did that make America’s 78 years of slavery acceptable?

But enough of Scalia. Let good people throughout the land raise a toast to the members of the court who did the right thing.

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3 Responses to “Scalia Strikes Again”

  1. Tom Degan Says:

    Perhaps in order to deflect the outrage that was surely to occur as the result of this jaw-droppingly awful decision (I refer to the voting rights decision) the very next day the Supremes struck down the heart of the Defense of Marriage Act (DOMA). Sure enough, a lot of liberals were busting their giddy little guts in glee, nearly oblivious to this latest assault on democracy. Incredibly, the New York Daily News didn’t even mention it. To no one’s surprise, today states all across the old confederacy have announced that they’re going to initiate sweeping changes in their voting laws. The extremists on the Supreme Court mentioned at the top of this piece have seen to it that this country remain a plutocratic dictatorship for at least another generation – or more.

    Elderly people, the poor, college students, those who live in the city (all of whom tend to vote Democratic – go figure) will be hurt by this decision. Interestingly, there has not been a whisper of condemnation from the National Rifle Association about any of this. You would think that, for all their talk about the BIG, BAD GOVERNMENT and their interference in our lives, they would be (literally) up in arms. There hasn’t been a word from those assholes. Similarly, nary a peep from the Tea Party or the libertarian types….silence. You could cut the hypocrisy with an emery board.

    Can you imagine if Mitt Romney had been elected last year? Two or more right wing neanderthals on that court would have meant the end of democracy in America. There’s still hope on the horizon. By the looks of things Antonin Scalia is looking a little worse for the wear these days. Not that I want the hideous old bastard to drop dead or anything like that….

    The five justices responsible for yesterday’s decision were all appointed by either Reagan or one of the Bushes. Can you see what conservative brand of governance is doing to your country?

    Tom Degan

  2. Tom Degan Says:

    One more thing…

    Show me a man who is vehemently – MILITANTLY – anti-gay, and I’ll show you a closet homosexual.

    Come out, come out, Antonin, luv!

  3. Amy Says:

    Rachel Maddow had a superb takedown of Scalia on Wednesday night, linking his outrage–and prescience–in his dissent at the 10-years-ago decision on Texas’ anti-sodomy law with his outrage–and likely prescience–in his dissent to this week’s ruling. The whole segment is great (runs 14:26); the scalding of Scalia starts at about 8:30.

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