Justice Scalia compares LGBT couples to child molesters

Speaking to a group of students at Georgetown Law yesterday, Supreme Court Justice Antonin Scalia — the judicial equivalent of a Twitter egg who by his own standards likely shouldn’t be allowed to vote, let alone serve on our nation’s highest court — argued that Obergefell v. Hodges was wrongly decided for one simple reason: LGBT couples really aren’t that different from child molesters. And do we really want to let men marry boys?

From the New York Times:

Antonin Scalia, via Wikimedia Commons

Antonin Scalia, via Wikimedia Commons

“What minorities deserve protection?” he asked. “What? It’s up to me to identify deserving minorities?”

He said those decisions should generally be made by the democratic process rather than by judges.

He also allowed that the First Amendment protects political and religious minorities but suggested that there was no principled way for courts to make further distinctions based on the text of the Constitution. “What about pederasts?” he asked. “What about child abusers?”

“This is a deserving minority,” he said sarcastically. “Nobody loves them.”

Ha. Ha.

This is the kind of argument that wouldn’t even merit a dismissal had it come from anyone other than a sitting Supreme Court justice, albeit one who openly admits to getting most of his news from talk radio. For one, child molestation is a rather obvious harm, whereas consenting marriage is not. Additionally, the Courts have tests in place to define deserving minorities that continue to be improved upon precisely because deserving minority groups with histories of oppression tend not to fare well at the ballot box.

One would think that he’d have run up against some of these objections arguing with, say, his colleagues on the Court, but you’d be wrong. According to Scalia, he doesn’t spend that much time going over his dissents with the other justices. As the Times continued:

He said he took special pride in his dissents, aiming them at law students.

“I write the dissents for you guys,” he said, to appreciative laughter. “I write my dissents and try to make them not only clear but interesting and even fun.”

Justice Scalia expressed frustration with how little debate goes on when the justices meet in private to discuss and vote on cases.

“I thrash out the cases with my law clerks much more than with my colleagues,” he said.

“They write the first drafts of my opinions,” Justice Scalia said of his clerks, “but I tell them how it comes out.”

Sounds to me like his clerks are the only people around Scalia who haven’t given up.


Jon Green graduated from Kenyon College with a B.A. in Political Science and high honors in Political Cognition. He worked as a field organizer for Congressman Tom Perriello in 2010 and a Regional Field Director for President Obama's re-election campaign in 2012. Jon writes on a number of topics, but pays especially close attention to elections, religion and political cognition. Follow him on Twitter at @_Jon_Green, and on Google+. .

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34 Responses to “Justice Scalia compares LGBT couples to child molesters”

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  2. Butch1 says:

    No priest should be able to be around children unsupervised, period! How do we know he’s not a pedophile?

  3. Butch1 says:

    He really shouldn’t point fingers at anyone; that photo of him adjusting his glasses with his “pinkie” up in the air isn’t the straightest thing he’s done. He’s an ass for making up lies about gays when he knows that what he says about us aren’t true. He should be made to recuse himself each time a LGBT case comes before the Supreme Court. He isn’t honorable enough or neutral to be able to hear a case without prejudice.

  4. Don Chandler says:

    When I hear Scalia and others use this slippery slope argument, it sounds like they are denying the many gay rights achievements over the last 50 years. I mean, in the 1960’s, you couldn’t be ‘out’ without ridicule or discrimination or even violence. But after 50 years, in 2014, over 60% of US citizens approve of same-sex marriage. That is a huge change. That popularity has carried gay rights forward. It’s possible that Scalia thinks that his institution is immune to public opinion. Or that public opinion is unrelated to political processes. But we know Scalia is overly vain. He’s in denial about both gay rights and his own place in history is suspect. And now, he owns the ‘pederasty’ argument. He must really think pederasty is gaining such popularity in the US that it may soon be on the Supreme Court docket. Now that is out of touch. That is pathetic. And he is the unwitting fool to be promoting such delusions.

  5. Duke Woolworth says:

    Go choke on a meatball, Nino.

  6. 2karmanot says:

    Scalia would know, his Catholic priest son Paul ‘works’ with youths at risk.

  7. Nelson Kerr says:

    Lets redefine Scalia to be dried and crusty Santorum

  8. woodroad34 says:

    There was an excellent article written by a neurologist, who wants everyone to stop thinking of Ben Carson as ‘smart’, because, as he describes ‘smart’: “Smart” is a multifaceted cognitive feature composed of excellent analytical skills, possession of an extensive knowledge base that is easily and frequently augmented, possession of a good memory, and being readily curious about the world and willing, even eager, to reject previously accepted notions in the face of new data. Being smart includes having the ability to analyze new data for validity and, thinking creatively, draw new insights from existing common knowledge. http://www.alternet.org/news-amp-politics/dr-ben-carson-not-smart

    I say the same thing about Scalia…he’s not smart. He’s a bright monkey who’s learned to type a coherent sentence (eventually/after several tries/over the long haul)….well, I’m still analyzing that data for validity.

  9. Indigo says:

    Or a horrifying temptation to commit an egregious act.

  10. Indigo says:

    Concerning fish markets, Scalia has made it clear that he thinks of the Constitution as a fish wrapper.

  11. Indigo says:

    Cute!

  12. Indigo says:

    I agree. He sounds very much like the way the priests who spewed hate back in the 1950s and 60s sounded. I’ve long since walked away from that foul morass but for all I know the priests are still spewing that vomitous bile.

  13. Indigo says:

    If it’s a vile remark, he’ll say it. Why is that? I assume it’s because he is a vile person.

  14. BeccaM says:

    The man is a professional troll who seems to delight in inflicting pain. The day he’s no longer on the bench is a day I will celebrate.

    To be clear, I just keep hoping he’ll resign to ‘spend more time with his family’ or with what’s left of the shriveled remains of a once human heart.

  15. Butch1 says:

    I’m sure he would think Italians do. ;-)

  16. Butch1 says:

    I wish we had a cutoff age for people that act as he does and are obviously not neutral. He at least should recuse himself when any gay case presents itself. He’s not fit to sit before it.

  17. Butch1 says:

    He and his friend, Santorum who sent his boys to an Opus Dei school. They are a sick bunch.
    They claim they do not do the self flagellation stuff anymore, but I believe them as much as I do their pedophile priests saying they will not diddle little boys either.

  18. Butch1 says:

    My apologies.

  19. nicho says:

    And he is in the elite corps of RCC homphobia — Opus Dei. They’re a collection of sick fucks who think god speaks to them.

  20. nicho says:

    Take it easy on Neanderthals. They lived communally, were relatively peaceful, and took care of their sick and elderly — much nicer than today’s “conservatives.” It was Sapiens (sic) who fucked things up. Sapiens is xenophobic, greedy, and violent. (Full disclosure: My DNA is 2.9 percent Neanderthal. I am in the 73rd percentile of Neanderthalness.)

  21. Mike_in_the_Tundra says:

    I think your description of him as a rabidly, homophobic Catholic is correct. The RCC brainwashes as well as ISIS does.

  22. Butch1 says:

    He’s been at this for so long that he actually thinks he’s above the law.

  23. Butch1 says:

    This POS is sick. His comparison is incorrect. Can he not differentiate between a pedophile and a homosexual? (I’m using clinical terminology that this twit may have run across during his tenure on the bench.) After all of the evidence is in and to have him totally ignore it and to continue to say that we molest children is outrageous. This Neanderthal needs to be impeached and removed from the bench. There is no question that he cannot make an impartial ruling when it comes to gay issues. There must be something organically wrong with his brain or he is just a rabidly homophobic rabidly anti-gay catholic who will not listen to the APA or AMA and their many years of gathering data on this subject. He just doesn’t care and neither should we when we make fun of him or discredit him in print. He deserves it.

  24. The_Fixer says:

    Yes, I do think that you’re right there. Neither fishmonger nor Justice he should be.

    The ideal job for him, I guess, would be old retired guy yelling at clouds, telling them that they’re all wrong, and that they have no constitutional right to condense.

  25. emjayay says:

    Not if there is a Republican president and a Federalist Society.

  26. 2karmanot says:

    This corrupt disgrace of a judge should be impeached.

  27. MoonDragon says:

    Nope. He probably thinks customers aren’t a protected class, and that governments over reach the Constitution when they enact health and safety laws regarding food handling. People have the right to go to a fishmonger that doesn’t poison them, and this can be determined by trial and error. He would, as a fishmonger, operate under the same assumptions. He isn’t suited by either position.

  28. The_Fixer says:

    He’s far better suited to work in a fish market than he is to work in the Supreme Court.

  29. gratuitous says:

    “What minorities deserve protection?” I can hear the echo of Pilate’s question, “What is truth?” Apparently Justice Scalia thinks (and not only thinks, but bases his unappealable judicial rulings) that simply being a citizen of the United States isn’t enough to guarantee a person his or her civil rights. They can be granted or revoked at whim, and as for enforcement, fuhgeddaboudit.

    This walking conflict of interest should retire from the bench. Like, yesterday.

  30. nicho says:

    What’s ironic is that, if it had been left up to a public vote back in the ’40s and ’50s whether Italians should be allowed to gomto law school, Scalia would be working in a fish market somewhere.

  31. The_Fixer says:

    It’s clear to me that Scalia refuses to take seriously the job that he was appointed to do. In fact, I don’t think he has any real respect for the Supreme Court, and would just as soon see it go away – if it weren’t for the sweet paychecks he earns and the respect he’s given simply for being a Supreme Court Justice.

    This “Constitutional Literalist” has little understanding of the reasons why we have a Supreme Court, and the reasons why we don’t let civil rights go up for a vote. If he really is such a student of the constitution, he’d know about the “tyranny of the majority” and how it relates to civil rights.

    He’s also know that, indeed, it is up to him and the rest of the Supreme Court to identify deserving minorities.

    Good Grief, this pseudo-intellectual should be thrown off the court. He’s an embarrassment to thinking people.

  32. Jim Olson says:

    One would think it would seriously limit ones future employment prospects.

  33. nicho says:

    Law clerk to Scalia — what special hell that must be.

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