A Lovely Bunch Of Coconuts

You don’t say, Mr. Scalia:

In 1868, when the 39th Congress was debating and ultimately proposing the 14th Amendment, I don’t think anybody would have thought that equal protection applied to sex discrimination, or certainly not to sexual orientation. So does that mean that we’ve gone off in error by applying the 14th Amendment to both?

Yes, yes. Sorry, to tell you that. … But, you know, if indeed the current society has come to different views, that’s fine. You do not need the Constitution to reflect the wishes of the current society. Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t. Nobody ever thought that that’s what it meant. Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws. You don’t need a constitution to keep things up-to-date. All you need is a legislature and a ballot box. You don’t like the death penalty anymore, that’s fine. You want a right to abortion? There’s nothing in the Constitution about that. But that doesn’t mean you cannot prohibit it. Persuade your fellow citizens it’s a good idea and pass a law. That’s what democracy is all about. It’s not about nine superannuated judges who have been there too long, imposing these demands on society.

In that case, your services are no longer necessary. Please grab a gold watch on your way out.

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One response to “A Lovely Bunch Of Coconuts

  1. I have not read any of the transcripts of congressional discussions regarding the 14th Amendment and do not know how it was itself amended to take the final form in which we know it, but I am pretty sure that the word “men” existed in 1868 and, if the original intent was to apply the amendment solely to men, they could have used that word instead of “persons” and “citizens”.

    Justice Scalia appears to be talking out of his ass.

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