Scalia On Constitution and Gays
BY Advocate.com Editors
January 03 2011 6:35 PM ET
In an interview, Supreme Court justice Antonin Scalia says the Constitution doesn't promise protections for women and gays.
California Lawyer asked Scalia the following question: "In 1868, when the 39th Congress was debating and ultimately proposing the 14th Amendment, I don't think anybody would have thought that equal protection applied to sex discrimination, or certainly not to sexual orientation. So does that mean that we've gone off in error by applying the 14th Amendment to both?"
The ultraconservative judge replied that the Constitution doesn't require discrimination against minorities, but that it certainly doesn't prohibit it.
"Nobody ever thought that that's what it meant," Scalia said of the 14th Amendment protecting women. "Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws."
Scalia's responses were met with sharp criticism by some. "In these comments, Justice Scalia says if Congress wants to protect laws that prohibit sex discrimination, that's up to them," Marcia Greenberger, founder of the National Women's Law Center, told The Huffington Post. "But what if they want to pass laws that discriminate?"
- Buck Angel Shuts Down Transgender Surgery Fundraising Site
- PHOTOS: India's Supreme Court Reinstates Sodomy Ban
- Blogger: Salvation Army No Friend to LGBT Folks
- 10 Snarky Quotes That Will Make You Miss Michael Kors on Project Runway
- WATCH: Trailer for the Wachowskis' Jupiter Ascending Premieres Online
- Op-ed: Two and a Half Men Introduces Trans Character, Manages to Stay Respectful
- Entertainment News GQ Germany Features Famous Straight Men Kissing for Tolerance 1 hour 31 min ago
- Women WATCH: Kim Stolz's Ridiculously Beautiful Wedding Video 2 hours 25 min ago
- Politics N.J. Legislature Could Enshrine Marriage Equality into State Law 2 hours 42 min ago
- Transgender Coalition Still Short in Bid to Repeal Calif. Trans Student Law 2 hours 50 min ago
- Religion Blogger: Salvation Army No Friend to LGBT Folks 2:44 PM
- Film WATCH: Trailer for the Wachowskis' Jupiter Ascending Premieres Online 2:41 PM
- Travel PHOTOS: Happy Gay People on Beaches 2:07 PM