For a start, putting homosexuality in the same league with "bestiality and murder," as Antonin Scalia does, should be enough to pull him off any court, supreme or not. Scalia has been giving enough of a hearing by now. Most Americans who pay attention to him at all believe he's a buffoon at best. Articulate we give him, followed by a swift kick in his own bestiality.
While few think the justices will legalize gay marriage nationwide, court watchers expect they will strike down the 1996 Defense of Marriage Act (DOMA), which trampled on states’ authority to regulate marriage. By leaving marriage up to the states, the march toward legalization will gradually continue.
This puts Nino in a tough spot. When he stood in the schoolhouse door a decade ago in his dissent in the sodomy case, he wrote: “Let me be clear that I have nothing against homosexuals, or any other group, promoting their agenda through normal democratic means. Social perceptions of sexual and other morality change over time, and every group has the right to persuade its fellow citizens that its view of such matters is the best.”
Now gay-rights supporters have done just that. If Scalia is to honor his own principle, he’ll vote to strike down DOMA and give his blessing to those states that wish to legalize gay marriage. But don’t count on it.
He does have a way of wiggling out of his madness, if only temporarily. He can fall back on an opinion that goes to the heart of the matter.
Chief Judge Dennis Jacobs of the U.S. Court of Appeals for the 2nd Circuit, a Republican appointee and a conservative, wrote in an opinion striking down DOMA that “the Constitution delegated no authority to the government of the United States on the subject of marriage.” ....Dana Milbank, WaPo
Are we giving Justice Scalia more attention, not to mention a higher position, than he has earned? Is he, as some believe, not so much a representative of justice as a scared, ignorant old man?