NOM BLOG

Justice Scalia Stands Firm in His Views of Same-sex 'Marriage' Decision

 

Supreme Court Justice Antonin Scalia has not backed down in the slightest regarding his views of the Obergefell decision. The plainspoken, conservative justice has unabashedly condemned the Supreme Court’s decision to force same-sex 'marriage' to be permitted nationwide. As was recently evidenced in his speech at Rhodes College, Justice Scalia has no intention of rescinding his views that the current Supreme Court lineup is taking the nation’s highest court in “the wrong direction.” LifeSiteNews has the story:

Antonin_Scalia_Official_SCOTUS_PortraitJustice Scalia spoke Tuesday for Constitution Day at Rhodes College, where his grandson is a student, warning that the Supreme Court has become a "threat to democracy."

The 79-year-old Reagan appointee said he worries about the nation's highest court, because it is "headed in the wrong direction."

"Saying that the Constitution requires [homosexual] practice, which is contrary to the religious beliefs of many of our citizens," Scalia said – "I don't know how you can get more extreme than that."

Scalia described the Obergefell v. Hodges decision as the "furthest imaginable extension of the Supreme Court doing whatever it wants." He rhetorically asked, "Do you really want your judges to rewrite the Constitution?"

Scalia also noted that the make-up of the Supreme Court is "terribly unrepresentative of our country" and pointed out that a law degree does not qualify one to judge transcendent moral issues. "What is it that I learned at Harvard Law School that makes me peculiarly qualified to determine such profound moral and ethical questions as whether there should be a right to abortion, whether there should be same-sex marriage, whether there should be a right to suicide?" Scalia asked. "It has nothing to do with the law."

The conservative justice is well-known for his insistence that the judicial branch of government has the task of interpreting the law in light of the Constitution, not creating law from current cultural trends.

On June 26, the Supreme Court judge wrote his own dissent to the Obergefell decision. In what Church Militant calls "his most sharply worded dissent yet," Scalia called the decision an abuse of the judicial branch, which he said was usurping the authority of the legislative branch, and thus the will of the people.

Scalia's dissent described the Supreme Court's overreach in Obergefell as stepping outside the scope of its authority to dictate radical social policy – which properly is the domain of the democratic process. He wrote that the ruling was a "naked judicial claim to legislative – indeed, super-legislative – power; a claim fundamentally at odds with our system of government."

All four dissenting judges – Roberts, Scalia, Thomas, and Alito – felt so strongly that each wrote his own dissent. "Today's decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court," Scalia wrote. He added that the decision lacks "even a thin veneer of law."

"This practice of constitutional revision by an unelected committee of nine," Scalia dissented, "robs the People of ... the freedom to govern themselves."