Antonin Scalia Quotes
When did it become unconstitutional to exclude homosexual couples from marriage.
This quotation illustrates the brilliance of Scalia. He was in the minority of the Justices when he opposed gay marriage. However, instead of just writing a caustic dissent—which he did—he posed this question to one of the most brilliant attorneys in the country who was arguing the case for gay marriage. Clearly, gay marriage was not considered unconstitutional when the Founding Fathers wrote the Constitution. It is almost certain that no one in those times even considered such a prospect. However, by 2013 a number of states had allowed gay marriage, and the majority of Americans favored it. The best Olsen could answer was “There us no specific data in time. This is an evolutionary cycle”. Despite his oratory tour de force, Scalia was again in the minority and his view did not prevail. Public opinion had clearly changed, and most judges believed that the interpretation of the Constitution most also change and there is no more a specific time to say exactly when that change took place than there is to say exactly when America concluded that the nation should have Prohibition or any other social norm.
Antonin Scalia, U. S. Supreme Court Justice, Question asked of attorney Theodore Olsen in oral argument, Hollingsworth v. Perry, March 2013
Sourced by: Eigen's Political and Historical Quotations
His view was that since gay marriage did not affect anyone else but the gay couple, it should not be illegal. This is an early Thomas Jefferson idea (see {604940} ) where Jefferson argues that since it does not effect him or anyone else if a person worships 20 gods or none, he and society has no business legislating against it. Those on the opposite side argued that if someone was an atheist or a pagan, it damaged the culture as a whole and offended their sense of morality. Therefore there must be a state religion. In modern times we are debating the same principle only gay marriage is the subject. Should the majority moral view control all or only those things that directly and negatively affect other people and not their moral sensibilities.
This was an incredibly accurate prediction as 2 years thereafter, it was not only the major civil rights issue of the time, but it became a major general political and legal issue regarding the rights of states. Within year, 16 states allowed same sex marriage.
Antonin Gregory Scalia was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the Court's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century, and one of the most important justices in the Supreme Court's history. Scalia was posthumously awarded the Presidential Medal of Freedom in 2018 by President Donald Trump, and the Antonin Scalia Law School at George Mason University was named in his honor.
