Antonin Scalia | Discrimination | News | Supreme Court

Scalia's Political Theater Flops When Mixed With Anti-Gay 'Animus'

ScaliaIn case you missed it yesterday, Amy Davidson at The New Yorker offered her thoughts on how Supreme Court Justice Antonin Scalia's clear "animus" toward marriage equality, as seen in his stubborn and indulgent commitment to a comparison of same-sex love and bestiality, completely undercuts his pursuit of political theater:

A few months from now, when the Supreme Court hears arguments in the two same-sex marriage cases it accepted for review last Friday, many observers will likely be in [Princeton Student Duncan] Hosie’s position—listening with some amazement to Scalia as he berates lawyers, fascinated by his animosity, wondering about the point where a cruel note removes any enjoyment one might find in intellectual theatrics.

There haven’t exactly been signs that Scalia is mellowing. His dissent, this year, in an Arizona immigration-law case, was as politicized and angry as ever—and gay-rights cases do not exactly bring out his soft side. For the health-care case, we had broccoli arguments; for same-sex marriage, we will likely be coming back to bestiality.

The Los Angeles Times' editorial board also took on Scalia today, writing, "But the reality — and perhaps this is what so dismayed Hosie — is that the Scalia opinions in question bristle with hostility toward homosexuality and homosexuals."

They went on: "Hosie wondered why Scalia couldn't make his points without offensive implications about gays and the lives they live. But what if those slurs were the point? That's a depressing possibility to contemplate as Scalia and his colleagues prepare to rule on cases involving same-sex marriage."

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  1. His comments would, I think, disqualify him from consideration as a nominee today. Partly because of the mean-spiritedness, which has deepened the longer he has been on the court, partly because he is signaling his decision in the case before arguments are heard. As I understand it, that is not appropriate behavior for a sitting judge.

    Posted by: james | Dec 13, 2012 11:16:51 AM

  2. Scalia has displayed, in the clearest possible way, a total lack of objectivity on the subject of gay rights. He should be required to recuse himself from any and all cases involving gay equality, exactly as he would be required to recuse from cases touching race after declaring that black people are subhuman.

    Posted by: jomicur | Dec 13, 2012 11:35:20 AM

  3. You're right James...but is there anything we can do about it? If you look past the obvious grand-standing, he's pimping his book and like Ann Coulter...getting attention in any way he can so someone will buy it. As a member of he seems pretty smarmy...but probably within acceptable limits legally or he wouldn't be doing it. He's phuking disgusting.

    Posted by: PAUL B. | Dec 13, 2012 11:36:53 AM

  4. just a few months back - Ruth Bader Ginsberg was speaking in front of an audience and was asked a question - she responded that she could NOT answer that question - as it was mostl likely coming up in a Future, whats the deal with Jerkoff Scalia? He should be Made to Recuse himself....

    Posted by: Disgusted American | Dec 13, 2012 11:39:36 AM

  5. In case anyone is unaware, that photograph of him appears to show him making a gesture that, in Italian culture, is considered the equivalent of giving someone the middle finger.

    Posted by: atomic | Dec 13, 2012 11:48:11 AM

  6. There's a petition on White House's website demanding that Scalia recuses himself from the gay cases before SCOTUS

    Posted by: Resoffla | Dec 13, 2012 11:56:08 AM

  7. Scalia's (incredibly stupid) opinion seems to be "If you can't be morally opposed to homosexuality, you can't be morally opposed to anything including murder."

    The fact of the matter is we DO approve of murder in certain circumstances- the Death Penalty, war, and laws that excuse killing someone in self-defense. But where we do punish murder there's a rational basis for it beyond religious/moral rules- you're depriving someone of their rights.

    Strip away the Biblical/religious hocus-pocus about homosexuality and there IS no rational basis for anti-gay laws. Scalia imposes his Catholic faith on civil law and that has no business on the Supreme Court.

    Posted by: Caliban | Dec 13, 2012 12:04:38 PM

  8. i suppose the man is determined to go down in the history books as a pious hypocrite, and not a true leader of american justice.

    oh, well.

    Posted by: LittleKiwi | Dec 13, 2012 12:06:39 PM

  9. the gesture Scalia's using in the photo sums up his entire judicial thinking: "Non mi frega" - i don't give a damn!

    Posted by: mike/ | Dec 13, 2012 12:14:18 PM

  10. Hey Joe, please publicize the petition linked in one of the commments above. Thanks.

    Posted by: abel | Dec 13, 2012 12:20:25 PM

  11. With all due respect, he looks, and sounds, like one of those assholes at the wedding reception that everyone wishes would just leave! (and asks, "Who knows him?")

    Posted by: Oliver | Dec 13, 2012 12:40:00 PM

  12. The petition has been removed.

    Posted by: unruly | Dec 13, 2012 1:01:42 PM

  13. Is it possible that Scalia's non-rational opinions and his outrageous verbal animus toward LGBTs is due to being in an early stage of dementia? Is he that far removed from the lonely old man sitting on a park bench one sometimes see, talking to himself?

    Posted by: Just wonderin' | Dec 13, 2012 1:03:22 PM

  14. @Just Wonderin'
    interesting that you should suggest this! i thought this exact thing but didn't dare broach it. in so many ways he reminds me of my own father, who does in fact have early stage dementia.

    Posted by: Oliver | Dec 13, 2012 1:11:05 PM

  15. I wonder why noone has pointed out to Scalia that murderers can marry.

    Posted by: Roger | Dec 13, 2012 1:14:38 PM

  16. I wonder why noone has pointed out to Scalia that murderers can marry.

    Posted by: Roger | Dec 13, 2012 1:14:41 PM

  17. You have to wonder if John Roberts, as Chief Justice, is man enough to tell Scalia that making these kinds of comments while he's out hawking his new book is bringing disrepute on the SCOTUS, and that he should tone it down, if not shut up altogether.

    In fact, I wonder if Scalia isn't acting out here of late, as a show of defiance to Roberts for his decision in the Healthcare Reform case--if at least part of this isn't Scalia's way of showing Roberts up and attempting to undermine his authority as Chief Justice, daring Roberts to confront him.

    Posted by: Goombah Justice | Dec 13, 2012 1:17:57 PM

  18. Don't think for a minute this man is demented! He's a fully conscious and fully armed enemy who must be removed. In the street protest and demand for his recusal is called for. He must be shouted down, called out, hounded, decried and thrown out. Punishment is what is called for. Scalia is scum. GET HIM.

    Posted by: UFFDA | Dec 13, 2012 1:21:19 PM

  19. It would be interesting if Roberts pulls through and gives the opinion to allow gays to marry. Just to stick a craw in the Conservatives side and say "they're wrong".

    Posted by: Sam | Dec 13, 2012 1:39:22 PM

  20. Barney Frank was opposed to proceeding with the Prop 8 case because of Scalia's influence on the court. His initial reservations may turn out to have been justified.

    Posted by: candide001 | Dec 13, 2012 1:39:47 PM

  21. Uffda, the best thing to do about Scalia is to ignore him. He isn't going to single-handedly decide the case next June. Even though I think he erred terribly by comparing gays to murderers it would still be a bad idea to have any kind of street protests against him or try to get him off the court. The public is sure to see this type of "1960's style activism" in a negative light. As for his prejudice agains gays, it isn't unusual for someone Scalia's age to view homosexuality in a negative light. Trying to make him sound like the Grand Dragon of the Klan will only come across as hysteria. For all you know he may have made his comments to provoke the gay community into starting a campaign against him - one that he knew would backfire. This is not a far-fetched possibility. The anti-gay side is clearly losing and may be trying a "the worse the better" strategy out of desperation. Don't take the bait.

    Posted by: Mary | Dec 13, 2012 1:40:16 PM

  22. Scalia may think homosexuality is as morally wrong as murder but he seems to forget murders can still marry.

    Posted by: badlydrawnbear | Dec 13, 2012 1:41:42 PM

  23. I think stories like this vitally important - while many of us in the LGBT community have known about Scalia's animus toward us for years, there's a huge group of straight supporters who had no idea just how much of a bigot Scalia was... until now.

    Posted by: Oz in OK | Dec 13, 2012 1:42:36 PM

  24. SCALIA:



    If it looks like a creep, sounds like a creep, acts like a creep then what in the world are we waiting for?

    Get rid of Scalia!

    For gay people, and a whole lot more, he is public enemy No.1. Just like Capone. Don't call him Justice Scalia, there is no justice even remotely near his name.

    Right here on Towleroad, with us, should be the beginning of a "new good fight". Someone please post all sound petition options. We must start immediately. We must win. And we can.

    Remember Scalia is counting on us not being organized or powerful enough, not being smart enough, tough enough, or moral enough to topple him like the overblown bludgeon of a bowling pin he is. He's wrong. He must be dragged through the street in effigy, burned symbolically, crushed metaphorically and impeached actually.

    Posted by: UFFDA | Dec 13, 2012 2:02:42 PM

  25. "The public is sure to see this type of "1960's style activism" in a negative light."

    Only if they're KAPOS like you!

    Posted by: David Ehrenstein | Dec 13, 2012 2:07:50 PM

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