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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 head of joaquin View Post
    No judicial temperament at all. A judge not only has to be unbiased he has to appear to be unbiased. That's very important for the public to have trust in the judiciary. Scalia is a scab on the high court.
    And the so-called liberal justices are any different how? Their bias is known.

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    Re: Justice Scalia compares homosexuality to murder.

    If you said this Peter, I would understand and respect you even if I didn't agree with you. But this is different. Scalia is a court member and has no business expressing this publicly considering he may be ruling on this case.




    Quote Originally Posted by Peter Grimm View Post
    The subject is "moral feelings," not homosexuality, murder, or "other things."

    He is saying that as one can have moral feelings about a number of things, murder being one, one can have moral feelings about homosexuality as well.

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    Re: Justice Scalia compares homosexuality to murder.

    It is a bad comparison but at least the guy is honest.
    "We’re going to close the unproductive tax loopholes that allow some of the truly wealthy to avoid paying their fair share. In theory, some of those loopholes were understandable, but in practice they sometimes made it possible for millionaires to pay nothing, while a bus driver was paying ten percent of his salary, and that’s crazy." -Reagan

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    Re: Justice Scalia compares homosexuality to murder.

    I think he is trying to make an appeal to moral intuition. He is guessing that we know that it is right to have "moral feelings" about something like murder.

    He is correct in that assumption - we all know that murder is wrong. The question is, do we have a right to make that judgement about murderers?

    Intuitively, most people would say "yes."

    What gives us that right?

    This is Scalia's point, I believe, and it's an interesting one. I don't have the answer. Whatever gives us that right may or may not be transferrable to other questions, such as homosexuality.

    Quote Originally Posted by falcata View Post
    It's pretty clear that he is refering to it negatively here, at least close if not on par wih murder.

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    Re: Justice Scalia compares homosexuality to murder.

    The thing that strikes me the most about this is that it is an uncharacteristically sloppy dodge of the real issue by Scalia. (My own view of the man is that he is very bright, but sometimes wrong on important issues.) The people can have moral feelings against anything and everything, but when those feelings are put into law, those laws must comport with the Constitution. The best argument against gay rights being constitutionalized is the simple strict constructionist/historical one. (I do not agree with it because I think it reads the history incorrectly, but at least the arguments can withstand logical analysis. ) When you start heading into silly territory like ignoring the fact that murder does harm to another individual, you start to reveal your irrational prejudices. (And in this area, Scalia actually is quite bigoted, so his remarks do not surprise me.)

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    Re: Justice Scalia compares homosexuality to murder.

    A misleading thread title seeing as Scalia did not in fact compare homosexuality to murder, he simply mentioned the two in close context as an appeal to extremes (ala Santorum). It was however a surprisingly piss poor choice of words and delivery on his part, and will likely be ridiculed in the same manner. On a side note, those who have dismissed Scalia as a complete dummy, or any Supreme Court Justice for that matter, need a reality check.

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    Re: Justice Scalia compares homosexuality to murder.

    Quote Originally Posted by clownboy View Post
    And the so-called liberal justices are any different how? Their bias is known.
    Whoosh, right over your head!

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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
    LOL So there you have it! Keep em comin Shecky!

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    Re: Justice Scalia compares homosexuality to murder.

    Quote Originally Posted by Peter Grimm View Post
    The subject is "moral feelings," not homosexuality, murder, or "other things."

    He is saying that as one can have moral feelings about a number of things, murder being one, one can have moral feelings about homosexuality as well.
    No, he was arguing that it's OK to have moral feelings embodied in the law, arguing that since we do it with murder, why can't we do it with sexual orientation.

    The reason is obvious to anybody with a thought in his head. "Moral feelings" should never be embodied into law if the sole purpose is bias and discrimination against a group of people who aren't harming any body. Murders, in contrast, harm people, so our moral feelings coincide with a positive case for protecting society and its members.

    See the difference now? Basically, Scalia is saying, if people have moral feelings about black folk being inferior, then it's OK to pass laws that discriminate againt them.

    That's how intellectuall bankrupt the man is.

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    Re: Justice Scalia compares homosexuality to murder.

    Quote Originally Posted by Your Star View Post
    This asshole is a plague on the court, he should have never been appointed.

    SCOTUS: Scalia on the defensive over gay rights - First Read
    While I disagree with some people in this thread who have suggested that Scalia is somehow stupid (he really isn't), and while he clearly didn't literally compare homosexuality to murder, he did discuss the two things with some sort of implied moral equivalency. This is ****ing stupid. Think whatever you like about homosexuality (e.g. immoral because god says so, or whatever); but the notion that legislative activity related to moral stances about homosexuality (which is to say, intentional acts between consenting adults) and legislative acts related to moral stances regarding the crime of murder (i.e. a unilateral act of permanent violence against an unwilling victim) bear any real relationship to one another is thoroughly ridiculous.

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