Scalia Says He’s ‘Waiting for the Second Shoe to Drop’ to Show His Views on Gay Marriage

Supreme Court Justice Antonin Scalia told Reuters he's "waiting for the second shoe to drop" to express his views on gay marriage:

A_scalia"I haven't expressed my view about gay marriage," Scalia, a noted conservative said, adding that the decision itself only applied to a narrow piece of the 1996 Defense of Marriage Act.

"The issue in the DOMA case was not whether the Constitution requires states to allow gay marriage. That was not the question at all," Scalia said at Tufts University in Medford, Massachusetts, outside Boston. "The question is whether Congress can define marriage in all of the statues that Congress enacted to mean only marriage between a man and a woman."

In his dissenting opinion on that ruling, Scalia, who was appointed to the court by President Ronald Reagan in 1986, wrote that the majority ignored procedural obstacles he said should have prevented the court from taking up the matter in the first place.


  1. SPOT says

    Either he’s realized his legacy is going to be as the uber bigot, and he wants to moderate his reputation, or he’s gleefully waiting to be even more bigoted.

    The man is garbage.

  2. HadenoughBS says

    Papist Justice Scalia and his Papist Priest son are two “no” votes when it comes to recognizing equal rights for the GLBT community – in law and in religion. They don’t like us and never will accept us. There’s nothing surprising about the negative rhetoric that comes out of the mouth of these well-established homophobic father-and-son bigots. I’ve seen their car wreck on the road of equality way too often so let’s just move on shall we?

  3. Bryan L says

    You know what I think about Scalia? Imagine this….

    You’re sitting on the toilet and you’ve had a really good bowel movement. You’re feeling relieved. As you flush, you suddenly realize one of the turds is trying to crawl back up into your ass. THAT is what I think about Scalia and all religious bigots.

  4. JoseRVG says

    Translation: “I’ve been publicly and shamed into changing my mind on Gay rights. But I still need to appear to have integrity as a judge so I will use semantics and technicians to support my dissenting opinion on the DOMA ruling.”

  5. JoseRVG says

    Translation: “I’ve been publicly and shamed into changing my mind on Gay rights. But I still need to appear to have integrity as a judge so I will use semantics and TECHNICISMS to support my dissenting opinion on the DOMA ruling.”

    Sorry for the typo…

  6. says

    Yeah yeah yeah ….we’re all waiting for your views on whether Congress can define Marriage to include same sex couples.

    And to arrive at a reasoned judgment based on equality before the law of straight and gay people you will be able to set aside your bigotry, your offensive language , your patronizing rejoinders…….
    You will even be able to demur from your own Catholic Catechism that all gays are inherently defective, that their love is defective….that it is not true love.
    Yeah, you will be able to put aside all this and act’judicially’,
    You will respect the Judicial Oath and act without fear or favour, malice or ill will towards none…..

    And pigs will fly, and we will all forget that you are the most egregious example of judicial putrefaction since Judge Jefferies on the Northern Assizes.

  7. jamal49 says

    Gentlemen: Exhibit A as to why we can NEVER take anything for granted regarding our civil rights in this country!

    We are one or two elections away from Republicans taking complete control of both Houses of Congress and, worse, The White House.

    Our pursuit of justice and equality in these United States is a never-ending fight, unfortunately. Those who gripe when Andy posts videos of some of the religious extremists ranting against must understand that there are MILLIONS of people who agree with those extremists.

    Similarly, there are four staunch, radical conservatives on The Supreme Court with a fifth swing vote who sides more often than not with the Roberts’ faction.

    Read conservative blogs and websites. Understand that groups Towleroad readers may dismiss as crackpot, e.g. the ACLJ, Liberty Counsel, the Landmark Legal Foundation, are STILL looking for a way to bring a case back to SCOTUS regarding marriage equality and civil equality for LGBTQ people with the hope of success–success meaning a negative outcome for us.

    Antonin Scalia has just given them the go-ahead. What he is saying is, “bring it on but this time, get it right. You’ll have ten very sympathetic ears ready to listen and rule in your favor”.

  8. says

    Scalia may not have addressed LGBT marriage equality but Kennedy, Bader-Ginsburg, Kagan, Sotomayor, & Breyer have. The DOMA language couldn’t have been clearer. States regulate marriage only within the confines of the US Constitutional guarantees of equality under law. No ‘skimmed milk’ second class variations allowed.

    Bravo Jamal49.
    Vigilance. Vote. Our struggle is far from over even here in the US. Resting on perceived victories is a fool’s game in our political reality. While raising our voices for others around the world we must always fight to protect our own hard won equality gains.

  9. says

    @ JAMAL 49 :

    You have never spoken a truer word !
    The fight goes on.
    There are millions of bigots out there, and if Palin/Bachman/Scatorum/Cruz and their ilk get power you can be sure that reversing rights for gays will be top of their agendas.
    After all they don’t understand what they are doing to the economy right now…..and attacking gays is much more poll friendly.

    Anyone who is complacent to think that we have somehow won the fight for equality is deluded.

  10. jsb says

    Can anyone explain why Scalia has not been recused from any cases involving homosexuality? With Scalia’s record of bias against gays, I would think he would be the last person allowed to ajudicate these cases. Is there nothing in our laws to prevent this unfairness? Isn’t a judge only supposed to act on the facts of the cases before them, seperate from any personal feelings or beliefs?

  11. says

    @ JSB :

    Yes, he should recuse himself.
    No one can force him out.
    But the other Justices could send him a note. But that would create a constitutional crisis and what’s to stop him calling on the liberal Justices to recuse themselves in other issues.
    No, the only way to get him to recuse is to appeal to his honour, his judicial professionalism.
    Yeah, see where that gets you !

  12. 2027 says

    I wish it wasn’t taken up either. It empowered a lot of cowards and ruined gay life, becoming a pathetic mimic. The consequences of which remain to be realized, and sadly will, in some future decade.

  13. anon says

    The problem for him is that the country is moving towards favoring gay marriage, in which case his morale stance will be at odds with the majority of his countrymen. Thus, he won’t be able to hide behind poll numbers.

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