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Thread: SCOTUS: Scalia on the defensive over gay rights

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    Re: Justice Scalia compares homosexuality to murder.

    Quote Originally Posted by BayToBay View Post
    Scalia wants to overturn Lawrence vs Texas and allow states to outlaw homosexual acts. He is comparing them.
    Yes he does. In this statement, he still isn't directly comparing the two though.
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    Re: Justice Scalia compares homosexuality to murder.

    Quote Originally Posted by Your Star View Post
    Well his thoughts aren't really irrelevant since he's on the SCOTUS. I'm not going to judge him on the morals of the 50's, I'm going to judge him on the morals of today, and today holding those views is wrong, and he should be judged accordingly.
    *Shrug* I'm sure there are many views held by SCOTUS justices that you wouldn't agree with. At least his view, on this particular subject, is understandable.
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    Re: Justice Scalia compares homosexuality to murder.

    Quote Originally Posted by MaggieD View Post
    He's not exempt from anything except perhaps harsh judgment for his beliefs. If understanding why an old man would be against practicing homosexuality, same-sex marriage and all the rest makes me a moral relativist, I certainly don't consider that an insult.
    You're absolutely, completely incorrect. He ought to be judged harshly despite his age, and particularly given his willingness to invoke his own moral absolutes. There are certain higher principles, and Scalia has violated them. His age is irrelevant in determining the worthiness of his views for consideration.
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    Re: Justice Scalia compares homosexuality to murder.

    Quote Originally Posted by Anagram View Post
    Yes he does. In this statement, he still isn't directly comparing the two though.
    Worse, he's comparing the principle that "moral feelings" that amount to discrimination against minorities can be embodied into law, even if they have no social purpose beside promoting discriminatory desires, with the principle that people have a right to bar practices that both harm people and are morally reprehensible -- like murder. It's intellectual sleight of hand..

    And that's why he has no business on the court.

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    Re: Justice Scalia compares homosexuality to murder.

    Quote Originally Posted by MaggieD View Post
    *Shrug* I'm sure there are many views held by SCOTUS justices that you wouldn't agree with. At least his view, on this particular subject, is understandable.
    Being understandable doesn't make it right. Just because one grew up in a time where it was okay to discriminate, harass, beat up, and kill LGBT people doesn't make it okay to hold those values today. He shouldn't get a free pass just because he's old. That kind of thinking is what holds back progress.
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    Re: Justice Scalia compares homosexuality to murder.

    Quote Originally Posted by TurtleDude View Post
    well Scalia is widely seen as one of the greatest intellects to ever sit on the court. we get the fact that you don't like his views on gays, lesbians etc. and while I disagree with him on his views towards gays he certainly is a better justice than anyone the dems have appointed in the last 40 years
    Turtle ... he compared homosexuality to murder.

    Murder.


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    Re: Justice Scalia compares homosexuality to murder.

    Quote Originally Posted by head of joaquin View Post
    Worse, he's comparing the principle that "moral feelings" that amount to discrimination against minorities can be embodied into law, even if they have no social purpose beside emobying discriminatory desires.
    Yes, this seems to be pretty much his actual argument. He's using the laws against murder, which people generally have moral feelings against, as an argument for laws against homosexuality. I agree that moral feelings should not be used as a reason for legislation. Laws against murder serve to protect social order, and I do not believe that laws against homosexuality protect social order, and therefore shouldn't be legislated.
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    Re: Justice Scalia compares homosexuality to murder.

    Quote Originally Posted by Einzige View Post
    You're absolutely, completely incorrect. He ought to be judged harshly despite his age, and particularly given his willingness to invoke his own moral absolutes. There are certain higher principles, and Scalia has violated them. His age is irrelevant in determining the worthiness of his views for consideration.
    We have justices on the Supreme Court for their learned opinions. We agree with many. We disagree with many. His is one opinion. He is entitled to it. I wouldn't agree with him if he said gay marriage was unconstitutional, if that is what he thought But we don't even know that. There's a reason we don't appoint 30-year-olds to SCOTUS, my friend.

    So, tell me. What is it that he said that makes him a target for homosexuals?? If it's from this, it's much ado about absolutely nothing:

    The Supreme Court justice was visiting Princeton University on Monday to discuss his latest book when a college freshman, who identifies as gay, asked Scalia about the comparison he has drawn between laws banning sodomy with those barring bestiality and murder.

    “If we cannot have moral feelings against or objections to homosexuality, can we have it against anything?” Scalia said in response to the question, according to The Daily Princetonian.
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    Re: Justice Scalia compares homosexuality to murder.

    Quote Originally Posted by Your Star View Post
    Being understandable doesn't make it right. Just because one grew up in a time where it was okay to discriminate, harass, beat up, and kill LGBT people doesn't make it okay to hold those values today. He shouldn't get a free pass just because he's old. That kind of thinking is what holds back progress.
    WTF did he say that leads you to that absolutely ridiculous parallel?
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    Re: Justice Scalia compares homosexuality to murder.

    Quote Originally Posted by Anagram View Post
    He was comparing the ability of having moral feelings about homosexuality and murder. He was not comparing homosexuality and murder themselves.
    If Scalia is an orginalist then what do moral feelings have to do with the constitution or statutory law? Is the court in the habit of ruling on feelings? No, I think Scalia meant exactly what he said, that he thinks homosexuality is immoral and he deliberately made the comparison to murder to make his point known. Whether he rules on his feeeeeelings or the intent of the constitution remains to be seen.
    Last edited by Moot; 12-11-12 at 11:59 PM.

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