Legal News

‘Argle-Bargle’ & Sodomy: Justice Scalia Dissents on DOMA Vote
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

Some may be confused as to what ‘side’ Justice Scalia is on, one day seeming to vote for civil rights, and another day lashing out against ‘homosexual sodomy.’ Justice Scalia voted for the change of the Voting Rights Act, forcing the law to adjust to being consistent with its times. Yet he dissented against the defense of marriage act, which seems not progressive of him. It is easy to see why there is confusion as to where Justice Scalia’s heart lies.

Law students and enthusiasts likely have tried to guess at the heart and motivations of the Justices, by examining where they lean through the decisions they make when the Supreme Court grants certiorari. In that time when the critical cases come into consideration, each Justice will issue their argument and opinion. In this way we can get to know the Justices, through their dissenting arguments, or through their lengthy essay-like speeches of assenting opinion. Unfortunately the binary human mind likes to place the simple ‘liberal’ or ‘conservative’ stamp onto people. Centrists and moderates rarely have too much of an impact, although in the last presidential race, those swing voters were seen by Mitt Romney as having a true impact. Former presidential candidate Mitt Romney aside, the conservatism of Justice Scalia was well seen as he took it upon himself to become a champion of the institution of marriage, as well as hetero-orthodox America. Scalia argued that the question of same-sex marriage should be left to Congress and the states.

  
What
Where


Justice Scalia wrote an immense and angry rant, moving from­ accusing the court of “adjudging those who oppose the change in the law as hostes humani generis, enemies of the human race and human decency.” He also felt that the court was overstepping its boundaries. “We might have let the people decide, but that the majority will not do. Some will rejoice in today’s decision, and some will despair at it; that is the nature of a controversy that matters so much to so many. But the Court has cheated both sides, robbing the winners of an honest victory, and the losers of the peace that comes from a fair defeat. We owed both of them better. I dissent,” the Huffington Post reported.

However, the Prevailing opinion of the majority of Supreme Court justices was that treating people differently in their marriage or potential marriage as a separate class of people who are not entitled to the same federal rights as others because of their sexuality, gender or sexual preferences is unconstitutional.  As the defense of marriage act was overturned, all couples will receive equal protections under the law and will have their rights retained and protected under the Constitution.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!






 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Mid-level Litigation Attorney

USA-CA-San Francisco

San Francisco office is seeking a mid-level litigation attorney with experience taking/defending dep...

Apply Now

Trust and Estate Attorney

USA-NY-New York City

Boutique trust and estate firm is seeking an attorney with 7+ years of experience. Candidate should ...

Apply Now

Mid-level Litigation Attorney

USA-CA-San Francisco

San Francisco office is seeking a support attorney with some experience/familiarity with a litigatio...

Apply Now

In House Counsel with Transactional Energy Experience

USA-NY-New York City

New York City company is seeking an in house counsel with knowledge of the oil / energy industry. Ca...

Apply Now

RELEVANT JOBS

Litigation paralegal

USA-TX-Dallas

We are looking to immediately hire a responsible, highly organized, self-motivated litigation parale...

Apply now

Attorney

USA-TX-Dallas

Associate Attorney – 7 to 10 Years’ Experience - Dallas/Fort Worth   ...

Apply now

Associate Attorney

USA-TX-Dallas

Associate Attorney – 3 to 5 Years’ Experience - Dallas/Fort Worth   ...

Apply now

Litigation Attorney

USA-TX-Dallas

Litigation Attorney   Dallas, TX One of Texas\' largest Personal Injury Law Firms se...

Apply now

SEARCH IN ARCHIVE

To Top