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Thread: SCOTUS: Scalia on the defensive over gay rights

  1. #51
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    Re: Justice Scalia compares homosexuality to murder.

    Quote Originally Posted by Peter Grimm View Post
    He isn't doing that, though. He never says that homosexuality is similar to murder.
    Facts are are sometimes uncomfortable.

  2. #52
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    Re: Justice Scalia compares homosexuality to murder.

    Scalia is focusing too much on "morality," which is far too nebulous a concept on which to base constitutional thinking.

    We have a Constitution and a national ideology which at heart aim to preserve freedom and choice for all individuals. Choices that harm no one cannot constitutionally be prohibited---there is no rational basis for doing so. The most the anti-homosexuality argument has going for it in this regard is that MAYBE, possibly, certainly not provably, homosexuals themselves will burn in hell after they die. But banning a choice that maybe possibly but not provably hurts the decision-maker cannot pass rational basis review either.

    This is obviously different from something like bestiality or murder. Scalia's ideology guides his legal reasoning, not the other way around, and that is unfortunate.
    (avatar by Thomas Nast)

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    Re: Justice Scalia compares homosexuality to murder.

    How is it that a Nixonian hack like Scalia can get a chair so early, when his intellectual superiors like Posner toil away in the rear for decades with nothing to show for it?
    I dip my forefinger in the watery blood of your impotent mad-redeemer (your Divine Democrat — your Hebrew Madman) and write over his thorn-torn brow, “The true prince of Evil — the king of the Slaves!”
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    Re: Justice Scalia compares homosexuality to murder.

    Scalia has said in interviews before that he does not let what he thinks is right or wrong influence his rulings--just whether it is Constitutional or not (usually not since he is a strict constructionist). He made some indication in one interview I saw on CNN that he often does not like the assumed factual outcomes of cases when he is in the majority but he does not confuse that with the law.

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    Re: Justice Scalia compares homosexuality to murder.

    Quote Originally Posted by Fisher View Post
    Scalia has said in interviews before that he does not let what he thinks is right or wrong influence his rulings--just whether it is Constitutional or not (usually not since he is a strict constructionist). He made some indication in one interview I saw on CNN that he often does not like the assumed factual outcomes of cases when he is in the majority but he does not confuse that with the law.
    I don't think anyone actually believes him when he says this, particularly when his rulings on e.g. mandatory sentencing for drug-related crimes are loaded with moralistic/Statist language.
    I dip my forefinger in the watery blood of your impotent mad-redeemer (your Divine Democrat — your Hebrew Madman) and write over his thorn-torn brow, “The true prince of Evil — the king of the Slaves!”
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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
    Yeah, hes SO brilliant that he can't distinguish between a crime with a victim and a victimless human behavior.
    Anyone wondering what I'm talking about start here:
    The Psychology of Persuasion

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    Re: Justice Scalia compares homosexuality to murder.

    Gee, you lefties are correct. Morality has no place in high court decisions. Which, of course, is why we kill unborn babies for convenience.

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    Re: Justice Scalia compares homosexuality to murder.

    Quote Originally Posted by hfd View Post
    Gee, you lefties are correct. Morality has no place in high court decisions. Which, of course, is why we kill unborn babies for convenience.
    You're absolutely correct about that. A nation founded on Jeffersonian moral panarchy can't afford to surrender to the ossifying effects of feudalistic universal morality that was exploded theoretically in the 19th century.
    I dip my forefinger in the watery blood of your impotent mad-redeemer (your Divine Democrat — your Hebrew Madman) and write over his thorn-torn brow, “The true prince of Evil — the king of the Slaves!”
    - Ragnar Redbeard, Might Is Right, 1890

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    Re: Justice Scalia compares homosexuality to murder.

    Quote Originally Posted by hfd View Post
    Gee, you lefties are correct. Morality has no place in high court decisions. Which, of course, is why we kill unborn babies for convenience.
    You do realize that there is a decent argument for your position on Roe that doesn't involve that particular kind of morality-based reasoning, right?

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    Re: Justice Scalia compares homosexuality to murder.

    Quote Originally Posted by RepublicanMcDuc View Post
    You do realize that there is a decent argument for your position on Roe that doesn't involve that particular kind of morality-based reasoning, right?
    Yes the whole thing was a lie. But, what is your problem about the morality issue. Killing unborn babies for convenience is exactly that, a morality issue. Josef Mengele would have fit right in.
    Last edited by hfd; 12-11-12 at 08:43 PM.

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