• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy

Towleroad Gay News

Gay Blog Towleroad: More than gay news | gay men

  • Travel
  • Sports
  • Law/Justice
  • Celebrities
  • Republicans
  • Madonna
  • Books
  • Men
  • Trans Rights
  • Royals
  • Monkeypox
  • Jennifer Coolidge reveals ‘terrible mistake’ she made early on in her career
  • Britney Spears Goes to Gym in Silk Dress and Heels With ‘Hot, Crazy Husband’ Sam Asghari
  • Study finds the political impact of marriage varies by sexual identity

Scalia: Constitution Does Not Outlaw Bias Over Sexual Orientation

Andy Towle September 19, 2010

Scalia

Supreme Court Justice Antonin Scalia spoke at UC Hastings Law School (which as you may recall was recently involved in a SCOTUS case of its own), and told those assembled that the U.S Constitution does not outlaw discrimination based on sexual orientation:

Hastings “If the current society wants to outlaw discrimination by sex, you have legislatures,” Scalia said during a 90-minute question-and-answer session with a professor at UC Hastings College of the Law. He said the same was true of discrimination against gays and lesbians.

The 74-year-old justice, leader of the court’s conservative wing, is also its most outspoken advocate of “originalism,” the doctrine that the Constitution should be interpreted according to the original meaning of those who drafted it.

*****

“Nobody thought it was directed against sex discrimination,” he said. Although gender bias “shouldn’t exist,” he said, the idea that it is constitutionally forbidden is “a modern invention.”

The court has not applied the same exacting standard to discrimination based on sexual orientation, an issue it could reach in several cases now in lower courts, including the dispute over California’s ban on same-sex marriage.

But when the justices overturned laws against gay sex in 2003 as a violation of personal autonomy and due process, Scalia dissented vehemently. He compared the anti-sodomy laws to statutes against incest and bestiality and said many Americans view bans on homosexual conduct as protections for themselves and their families against “a lifestyle that they believe to be immoral and destructive.”

Scalia said Friday he’s not a purist and is generally willing to accept long-standing court precedents that contradict his views.

More HERE.

Topics: News, Society, Supreme Court More Posts About: Antonin Scalia, discrimination, News

Related Posts
  • A transformed US Supreme Court pays tribute to Justice Ginsburg
  • Legal expert tears apart flawed thinking of ‘deeply unprincipled’ Supreme Court originalists
  • Russia Blocks Facebook, Accusing it of Restricting Access to Russian Media;
  • Britney Spears Goes to Gym in Silk Dress and Heels With ‘Hot, Crazy Husband’ Sam Asghari

    Britney Spears Goes to Gym in Silk Dress and Heels With ‘Hot, Crazy Husband’ Sam Asghari

    Published by OK Magazine @britneyspears/instagram Britney Spears is trying something new! The princess of pop changed up her look while joining husband Sam Asghari in the gym, opting for a pink, silk dress with lace and …Read More »
  • Study finds the political impact of marriage varies by sexual identity

    Study finds the political impact of marriage varies by sexual identity

    Published by PsyPost New research indicates that marriage and political activism are intertwined, but the nature of this relationship differs based on sexual identities. Married heterosexual individuals tend to be less politically active, while sexual minorities, …Read More »
  • ‘It’s great!’ Elliot Page talks dating since coming out as trans

    ‘It’s great!’ Elliot Page talks dating since coming out as trans

    Published by BANG Showbiz English Elliot Page is having more fun dating since his transition. The 36-year-old star- who was previously married to Emma Portner from 2018 until 2021 – was born female and lived as …Read More »
  • Barstool Sports hits back amid backlash over online sportsbook’s support for Pride month

    Barstool Sports hits back amid backlash over online sportsbook’s support for Pride month

    Published by Raw Story Barstool Sports is facing backlash over its support for Pride month, and the sports betting blog is hitting back, The Daily Beast reports. Barstool Sports, which in 2020 launched the Barstool Sportsbook …Read More »
Previous Post: « Meghan McCain: Don’t Blame Me for My Dad’s Position on DADT — Also, Blame Obama
Next Post: Rep. Mike Pence, Values Voters Presidential Straw Poll Winner, Attacks ‘DADT’ Repeal, Urges Defense of ‘Traditional’ Marriage »

Primary Sidebar

Adjacent News

  • 14 organizations that support LGBTQ+ tech workers

    14 organizations that support LGBTQ+ tech workers

  • Indiana mayor orders city remove social media posts celebrating Pride: report

    Indiana mayor orders city remove social media posts celebrating Pride: report

  • ‘Grotesque scaremongering’: Nikki Haley decried for blaming teen suicidal ideation on trans kids

    ‘Grotesque scaremongering’: Nikki Haley decried for blaming teen suicidal ideation on trans kids

Good Trash: Going to Read It Somewhere, Y'know

  • Elliot Page Shockingly Admits He had Secret Relationship With Kate Mara While She was Dating Max Minghelia

    Elliot Page Shockingly Admits He had Secret Relationship With Kate Mara While She was Dating Max Minghelia

  • VIDEO EXCLUSIVE: Mark Indelicato & Vincent Rodriguez Discuss Being Gay Role Models In ‘With Love’

    VIDEO EXCLUSIVE: Mark Indelicato & Vincent Rodriguez Discuss Being Gay Role Models In ‘With Love’

  • Britney Spears ‘Already Toned’ Down Her Tell-All Book ‘a Few Times,’ Says Insider: Pop Star Is ‘Annoyed at All the Delays’

    Britney Spears ‘Already Toned’ Down Her Tell-All Book ‘a Few Times,’ Says Insider: Pop Star Is ‘Annoyed at All the Delays’

Partner Links

  • May The Bloopers Be With You
  • “Remy Ma says she gets to be 35 years old because of Covid & prison” links
  • Taylor Swift & Matt Healy are already done, one month after they ‘began’
  • Sean Hayes shares hilarious NY deli moment!
  • Remains of the Day (06/06)

Most Recent

  • Jennifer Coolidge reveals ‘terrible mistake’ she made early on in her career

    Jennifer Coolidge reveals ‘terrible mistake’ she made early on in her career

  • Britney Spears Goes to Gym in Silk Dress and Heels With ‘Hot, Crazy Husband’ Sam Asghari

    Britney Spears Goes to Gym in Silk Dress and Heels With ‘Hot, Crazy Husband’ Sam Asghari

  • Study finds the political impact of marriage varies by sexual identity

    Study finds the political impact of marriage varies by sexual identity

  • ‘It’s great!’ Elliot Page talks dating since coming out as trans

    ‘It’s great!’ Elliot Page talks dating since coming out as trans

  • Barstool Sports hits back amid backlash over online sportsbook’s support for Pride month

    Barstool Sports hits back amid backlash over online sportsbook’s support for Pride month

  • Kelly Clarkson Looks Stunning in Pride-Themed, Makeup Free Video

    Kelly Clarkson Looks Stunning in Pride-Themed, Makeup Free Video

  • Andy Cohen Thanks Former Governor Andrew Cuomo for Having Daughter Lucy be ‘One of the First’ Gestational Surrogacies in New York

    Andy Cohen Thanks Former Governor Andrew Cuomo for Having Daughter Lucy be ‘One of the First’ Gestational Surrogacies in New York

  • Honor the past and celebrate the present with PRIDE | Opinion

    Honor the past and celebrate the present with PRIDE | Opinion

Most Commented

Social

Twitter @tlrd | Facebook | Instagram @tlrd

Footer

Copyright © 2023 · Log in

×