Antonin Scalia | News | Supreme Court

Confronted by Gay Student at Princeton, Supreme Court Justice Antonin Scalia Defends Anti-Gay Writings

Supreme Court Justice Antonin Scalia appeared at Princetown University on Monday and was asked by a gay student, Duncan Hosie ’16, why he equates laws banning sodomy with those barring man-on-animal sex and murder.

A_scaliaPolitico reports:

Some in the audience who had come to hear Scalia speak about his book applauded but more of those who attended the lecture clapped at Hosie’s question.

“It’s a form of argument that I thought you would have known, which is called the `reduction to the absurd,’” Scalia told freshman Duncan Hosie of San Francisco during the question-and-answer period. “If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?”

Scalia said he is not equating sodomy with murder but drawing a parallel between the bans on both. Then he deadpanned: “I’m surprised you aren’t persuaded.”

MSN reports: "Hosie said afterward that he was not persuaded by Scalia's answer. He said he believes Scalia's writings tend to 'dehumanize' gays."

The AP adds:

As Scalia often does in public speaking, he cracked wise, taking aim mostly at those who view the Constitution as a ‘‘living document’’ that changes with the times.

‘‘It isn’t a living document,’’ Scalia said. ‘‘It’s dead, dead, dead, dead.’’

He said that people who see the Constitution as changing often argue they are taking the more flexible approach. But their true goal is to set policy permanently, he said. ‘‘My Constitution is a very flexible one,’’ he said. ‘‘There’s nothing in there about abortion. It’s up to the citizens. ... The same with the death penalty.’’

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Comments

  1. With

    Posted by: JackFknTwist | Dec 11, 2012 2:50:03 PM


  2. is

    Posted by: JackFknTwist | Dec 11, 2012 2:50:07 PM


  3. is kind

    Posted by: JackFknTwist | Dec 11, 2012 2:50:07 PM


  4. With

    Posted by: JackFknTwist | Dec 11, 2012 2:50:15 PM


  5. With this kind of horse $hit from "il tubbo" it is small wonder that we are being tried and imprisoned and perhaps excuted in Uganda.

    Well done Scalia......Catholic Jesus must love you.

    Posted by: JackFknTwist | Dec 11, 2012 2:52:43 PM


  6. Apologies for the previous phuck-up.

    Posted by: JackFknTwist | Dec 11, 2012 2:56:51 PM


  7. This man is not a judge, if he can not tell the difference between two different things that are not related to each other.

    Posted by: Trey | Dec 11, 2012 2:59:57 PM


  8. Just remember, everyone, that the "originalist" approach is what the Republicans, especially the Tea Party and the Religious Right, demand from SCOTUS. Given the current head-in-whatever approach of the Republicans, who refuse to believe they lost the election big time, this will be a big issue in any SCOTUS confirmation hearing:(

    Posted by: Diogenes Arktos | Dec 11, 2012 4:59:18 PM


  9. @MARKT: TC was stating that Scalia did not equate homosexuality with murder, which is a true statement on TC's part. What Scalia is saying is that, if you can make murder illegal, why can't you make X illegal (that X=homosexuaility in his example is not relevant to the point as X could be lots of things).

    The counter argument is that X could be "things we don't like to have people say", which runs into trouble with the 1st Amendment, and in any case the Supreme Court ruled that homosexuality activity could not be made illegal due to rights granted by the Constitution. One can also point out that homosexuality is a biological trait, not an act, although Scalia probably meant homosexual activity (i.e., of a sexual nature), not merely being gay.

    The funny thing is that you can apply a proof by contradiction argument to Scalia's own statements, so he basically got a lot wrong.

    Posted by: Bill | Dec 11, 2012 8:01:28 PM


  10. What a bigot... What a horrible man...

    he should resign from the Supreme Court, as he is an embarrassment to the country.

    Posted by: TonyJazz | Dec 11, 2012 9:25:40 PM


  11. God I can't wait for this man to die already!

    Posted by: USC Trojans Fan | Dec 11, 2012 10:21:22 PM


  12. He needs to recuse himself or be let go...

    If he made these comments about ANY other demographic (Jews, Black segment of the population, Females, Latinos) he'd be asked to recuse himself on those issues as well.

    Fairness IS fairness.

    Posted by: Duration & Convexity | Dec 11, 2012 10:32:37 PM


  13. RELIGION is the absolute worst thing to happen to society. Absolute worst in my opinion.

    Posted by: Junior | Dec 11, 2012 10:34:16 PM


  14. This is what happens to your brain on Catholicism.

    Posted by: Pollastick G | Dec 11, 2012 10:34:42 PM


  15. Scalia is just an ignorant, bigoted slob with a law degree and a poodle -- Clarence Thomas.

    Posted by: Richard | Dec 11, 2012 11:18:36 PM


  16. Scalia is like a comedian. Better watch it or he'll cancel the whole party. Why should he recluse himself? Just because he doesn't agree? Prepare yourself. Gotta love the guy because he is so hated,

    Posted by: Gary | Dec 12, 2012 12:44:08 AM


  17. The problem with this Judge is that he clearly thinks that American Law should be based on religious dogma. He thus does not wish to uphold the first Amendment to the Constitution. That is what he is really saying and this places him in violation of his oath of office. So Impeachment is perfectly fair but as there is no political will to remove him he will carry on until death. He should off course never have been confirmed for this reason like the other republican members of the court who are equally unwilling to apply the Constitution when it suits them not to. The Constitution is only "dead" if you refuse to apply it.

    Posted by: Keith | Dec 12, 2012 11:04:19 AM


  18. If Scalia were to recuse himself due to having made public comments in advance of a Supreme Court ruling, he would come out ahead - he would have an excuse that would prevent him from being on the wrong side of history with respect to those decisions. As Abraham Lincoln once said, it is better to be silent and be thought a fool than to open one's mouth and remove all doubt.

    Posted by: Bill | Dec 12, 2012 3:51:21 PM


  19. Scalia is pond scum.

    Posted by: andrew | Dec 12, 2012 7:22:34 PM


  20. Most human beings see murder as a horrible act, but here we have an extremist on the Supreme Court saying it's a benign act that should not more be proscribed than other benign acts. If I were one of the four normal justices, I'd be kind of afraid to be in the same room with him.

    Posted by: SteveInDE | Dec 12, 2012 8:57:33 PM


  21. Fu*k Scalia. Lets celebrate a real American named Nicholas Checque, a 28 year old Navy Seal, who lost his life in the successful mission that rescued Dr Joseph in Afghanistan and killed seven Muslim Taliban terrorists.

    Posted by: andrew | Dec 12, 2012 8:59:55 PM


  22. As a previous commenter noted that as an "Originalist", he sure has been all over the map. He wants to repeal an amendment (you can google it) and he thinks the process to amend the constitution is too *hard*. I suspect if he had his way the bill of rights would be repealed - because they are amendments.

    Posted by: Diogenes Arktos | Dec 12, 2012 9:00:56 PM


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