OpEd: Justice Scalia is a sore loser and unaware of his judicial responsibilities
Today is a great and historic day for those of us with same-sex preferences; we won. The right wing has had a rough week. First everyone calls them out on their usage of the Confederate flag, then the less than affectionately nicknamed Obamacare was kept intact , and now the gays can marry.
Guess people are finally realizing that conservatism serves no purpose.
In a 5-4 vote, the Supreme Court decided to uphold same-sex marriage this Friday, June 26th, as well as bring it to the remaining 13 states, effectively ending the countdown to which state was the most homophobic (Mississippi). This was a close vote falling along party lines for the most part, with Justice Kennedy acting as the swing vote.
Justice Antonin Scalia, SCOTUS’s reigning
anthropomorphic toad conservative voice, expressed his dissenting opinion on today’s ruling as part of the opinion, claiming his decision was based on a fear for US democracy.
“The substance of today’s decree is not of immense personal importance to me. The law can recognize as marriage whatever sexual attachments and living arrangements it wishes, and can accord them favorable civil consequences, from tax treatment to rights of inheritance,” said Scalia, presumably as longtime progressive Justice Ruth Bader Ginsburg rolled her eyes. “It is of overwhelming importance, however, who it is that rules me. 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 continued to entirely miss the point of his job as well as the importance of the ruling stating, “Until the courts put a stop to it, public debate over same-sex marriage displayed American democracy at its best. Individuals on both sides of the issue passionately, but respectfully, attempted to persuade their fellow citizens to accept their views.”
The opinion continues down this same track, with Scalia claiming that even though the Fourteenth Amendment was ratified by all of the states at the time, they didn’t understand that they were limiting marriage to one man and one woman. A whole slew of sodomy laws paint a very different picture.
Scalia continues on his one man diatribe, harping on the fact that this must be a state-by-state decision made by the people and the Supreme Court has overstepped its power, saying, “a system of government that makes the People subordinate to a committee of nine unelected lawyers does not deserve to be called a democracy.”
Scalia argued that the judges are selected based on their legal abilities and not because they themselves are representative of the people.
“The strikingly unrepresentative character of the body voting on today’s social upheaval would be irrelevant if they were functioning as judges, answering the legal question whether the American people had ever ratified a constitutional provision that was understood to proscribe the traditional definition of marriage,” said Scalia. “But of course the Justices in today’s majority are not voting on that basis; they say they are not.”
Scalia had nothing but fire and brimstone for the five justices who voted to uphold same-sex marriage, claiming hubris is the reason they ignored such legal minds as Thomas Cooley, John Marshall Holland, and other legal figures who have been dead for nearly 150 years.
“These Justices know that limiting marriage to one man and one woman is contrary to reason; they know that an institution as old as government itself, and accepted by every nation in history until 15 years ago, cannot possibly be supported by anything other than ignorance or bigotry,” said Scalia. “And they are willing to say that any citizen who does not agree with that, who adheres to what was, until 15 years ago, the unanimous judgment of all generations and all societies, stands against the Constitution. The opinion is couched in a style that is as pretentious as its content is egotistic.”
The point of the Supreme Court is to make the decisions the American public failed to get right.
Don’t be a sore loser Scalia.
Tyler Hammel is a college student who has an unhealthy obsession with comic books. He’s a proud cinephile, owning a sizable film collection that lets you know he doesn't have any friends. An aspiring filmmaker, Tyler currently works with the VCU student organization The Horn RVA, a group of like-minded video journalists with a passion for Richmond based music. When not crafting his own bio Tyler can be found misusing commas,
If both the constitutional and the statutory bans are not removed, there is a feasible path to undoing same-sex marriageJanuary 16, 2017
- Prev Obama’s remarks on SCOTUS same-sex marriage decision: “This ruling will strengthen all of our communities” [Video]
- Next Richmonders celebrate SCOTUS marriage decision at the Byrd Theatre
- Back to top
- First same-sex marriage related bill dies in VA Senate committee (expectedly)
- Longtime RVA lesbian activist Beth Marschak’s speech from March on Monument
- Firehouse Theatre and TheatreLAB open casting call for ‘Heathers: the Musical’
- 5th Wall’s ‘Luna Gale’ explores the dilemma of what is “best” for the child
- The Black Vaudeville experience exposed in Quill Theatre’s original musical drama “Top of Bravery”