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Wednesday, December 12, 2012

Scalia prejudges the DOMA case

How do you think Justice Scalia will rule in the two gay marriage cases he is set to hear this term? Well, here's a clue:
If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?"
Now, as per the AP "Scalia said he is not equating sodomy with murder but drawing a parallel between the bans on both" but his argument is still unbefitting a Supreme Court Justice.

We haven't banned murder due to our "moral feelings". We've banned murder because it takes a human life and causes tangible damage to a non-consenting victim. We've banned murder because its disruptive to civilized society. We've banned murder because we'd never get any work done if we were forever worried about being capped by an angry co-worker. None of that can be said about sodomy or gay marriage.

Scalia is correct when he says we're entitled to our moral feelings. I agree that any moral feeling is legitimate. I, for example, have every right be morally opposed to fat justices of Italian descent.  But we don't get to ban things just because we find them icky. 

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