WASHINGTON — In releasing his dissent from the majority opinion in Wednesday’s Supreme Court ruling that declared unconstitutional a key component of the Defense of Marriage Act (DOMA), Justice Antonin Scalia slammed his colleagues for considering those who oppose homosexual “marriage” as being “enemies of the human race.”
As previously reported, the court ruled in a 5-4 decision yesterday that homosexuals should be recognized by the federal government in states that have legalized same-sex “marriage.”
“The avowed purpose and practical effect of the law here in question are to impose a disadvantage, a separate status, and so a stigma upon all who enter into same-sex marriages made lawful by the unquestioned authority of the States,” Justice Anthony Kennedy wrote on behalf of the court. “The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the state, by its marriage laws, sought to protect in personhood and dignity.”
However, Scalia, a Roman Catholic, sharply criticized the ruling, stating that the court had no right to demonize those who disagree with altering the definition of marriage. He read his lengthy 26-page dissent before the court following the announcement of the decision.
“[T]o defend traditional marriage is not to condemn, demean, or humiliate those who would prefer other arrangements, any more than to defend the Constitution of the United States is to condemn, demean, or humiliate other constitutions,” he wrote. “To hurl such accusations so casually demeans this institution.”
Scalia then rebuked Justice Kennedy for the manner in which he worded the majority opinion, stating that it wrongfully paints those who support Biblical marriage as being hateful.
“[You state that] to question [the court’s] high-handed invalidation of a presumptively valid statute is to act (the majority is sure) with the purpose to ‘disparage,’ ‘injure,’ ‘degrade,’ ‘demean,’ and ‘humiliate’ our fellow human beings, our fellow citizens, who are homosexual,” he stated. “All that, simply for supporting an Act that did no more than codify an aspect of marriage that had been unquestioned in our society for most of its existence— indeed, had been unquestioned in virtually all societies for virtually all of human history.”
“It is one thing for a society to elect change,” Scalia declared. “[I]t is another for a court of law to impose change by adjudging those who oppose it hostes humani generis, enemies of the human race.”
He pointed back the 2003 ruling in Lawrence v. Texas, which legalized sodomy in the nation, remarking that the court legitimized homosexual activity even further with Wednesday’s decision.
“When the court declared a constitutional right to homosexual sodomy, we were assured that the case had nothing, nothing at all to do with ‘whether the government must give formal recognition to any relationship that homosexual persons seek to enter,'” he wrote. “Now we are told that DOMA is invalid because it ‘demeans the couple, whose moral and sexual choices the Constitution protects.'”
Therefore, Scalia opined that it is just a matter of time before all states will be forced to accommodate homosexual “marriage.”
“In sum, that court which finds it so horrific that Congress irrationally and hatefully robbed same-sex couples of the ‘personhood and dignity’ which state legislatures conferred upon them, will of a certitude be similarly appalled by state legislatures’ irrational and hateful failure to acknowledge that ‘personhood and dignity’ in the first place,” he stated. “As far as this court is concerned, no one should be fooled; it is just a matter of listening and waiting for the other shoe [to drop].”
“Some will rejoice in today’s decision, and some will despair at it; that is the nature of a controversy that matters so much to so many. But the Court has cheated both sides, robbing the winners of an honest victory, and the losers of the peace that comes from a fair defeat,” Scalia concluded. “We owed both of them better. I dissent.”
Justices Roberts, Thomas and Alito joined the dissent.