Antonin Scalia said it first: precedent favors gay marriage.

The SCOTUS is set to hear prop 8 and DOMA in the spring, which means it’s about time to resuscitate the past words of Justices likely to constrain the happiness of others because of what some people wrote down thousands of years ago.


In a landmark 2003 decision, the Court ruled that states may not outlaw sodomy among consenting adults of the same sex. The minority dissent in the 6-3 ruling in Lawrence v. Texas was authored by Justice Scalia, who argued that the Court’s reasoning effectively, if not explicitly, knocked down the legal basis for outlawing gay marriage.

“Today’s opinion dismantles the structure of constitutional law that has permitted a distinction to be made between heterosexual and homosexual unions, insofar as formal recognition in marriage is concerned,” Scalia wrote.

Justice Anthony Kennedy’s majority opinion said the Court’s ruling against anti-sodomy laws “does not involve whether the government must give formal recognition to any relationship that homosexual persons seek to enter.”

Scalia’s retort: “Do not believe it.”

“This case ‘does not involve’ the issue of homosexual marriage only if one entertains the belief that principle and logic have nothing to do with the decisions of this Court,” he wrote.

The Reagan-appointed justice accused the majority on the Court of having “taken sides in the culture war” and having signed on to the “homosexual agenda.”

Some part of me suspects that 2012 Scalia will be unconvinced by the judicial opinion of 2003 Scalia.  That guy clearly didn’t know what he was talking about.

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About JT Eberhard

When not defending the planet from inevitable apocalypse at the rotting hands of the undead, JT is a writer and public speaker about atheism, gay rights, and more. He spent two and a half years with the Secular Student Alliance as their first high school organizer. During that time he built the SSA’s high school program and oversaw the development of groups nationwide. JT is also the co-founder of the popular Skepticon conference and served as the events lead organizer during its first three years.