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June 2003: Scalia gets it partly right

US Supreme Court building
US Supreme Court
US Supreme Court justices
Supreme Court justices
(Scalia at far right)

In his dissenting opinion in Lawrence, Supreme Court Justice Antonin Scalia writes that,

US Supreme Court Justice Scalia
Scalia
  • making it legal for gay people to have sex with each other will cause “a massive disruption of the current social order”;

  • Americans do not have a right to liberty but rather the guarantee is for due process of law, and any liberty can be deprived so long as its done by due process;

  • his fellow justices are part “of a law-profession culture[] that has largely signed on to the so-called homosexual agenda”; and that,

  • the “reasoning [of this case] leaves on pretty shaky grounds state laws limiting marriage to opposite-sex couples. … 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. … [W]hat justification could there possibly be for denying the benefits of marriage to homosexual couples exercising ‘[t]he liberty protected by the Constitution’? Surely not the encouragement of procreation, since the sterile and the elderly are allowed to marry.
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Timeline key: progress (green), no progress (red), pending court cases (purple),
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The Freedom To Marry: Rites & Rights logo updated 17 Aug 2008
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