"It is one thing for a society to elect change; it is another for a court of law to impose change by adjudging those who oppose it hostes humani generis, enemies of the human race.
...how superior the majority's moral judgment in favor of same-sex marriage is to the Congress's hateful moral judgment against it.
In the majority's telling, this story is black-and-white: Hate your neighbor or come along with us."
Justice Scalia builds his entire dissent against the 5-4 Supremes vote to repeal the Defense of Marriage Act with the argument..."mom, with this ruling, others are going to pick on me and call me and my friends names."
DOMA was passed in 1996 by a Republican Congress and signed into law by a triangulating Village President Clinton. A president who, early in his presidency, had been properly scolded by conservatives when he attempted to permit gays to serve in the military without stigma. Those same conservatives pushed the pliable centrist Bill Clinton to later sign Don't Ask, Don't Tell....kind of a closeted approach to the reality that gay Americans served in the military. Don't Ask, Don't Tell....signed into law by a Democratic president in the 90's was just recently repealed by another Democratic president.
Point being that DOMA and DADT were misguided before the ink dried on Clinton's signature in the 90's. DOMA was a law specifically written to single out a group of Americans for discriminatory treatment whose only common denominator was their homosexual orientation. In fact, because in 1996 no states had legalized gay marriage....DOMA was a pre-emptive, discriminatory law worthy of repeal the moment it was signed into law.
DOMA's sole purpose was to punish homosexuals by denying federal benefits to those thinking of marrying.....even before any state allowed gays to marry. The law was constructed entirely upon bigotry and contempt for the "other". It is THAT truth which Antonin Scalia simply can't handle......but truth is truth whether a churlish, hateful little man who wears a black robe recognizes it or not.
And yet, yesterday, when Nino Scalia lost his cool in dissent....his problem with overturning the bigoted DOMA law is that congressional members who wrote it back in 1996, and guys like him who defend the indefensible law, will now be called "haters", and "enemies of the human race". Poor wittle Nino. Alert the grief counselors. Perhaps call in a wambulance.
Scalia..."how superior the majority's moral judgment in favor of same-sex marriage is to the Congress's hateful moral judgment against it."
Nino didn't take too kindly to the wording of Anthony Kennedy's majority ruling. In his ruling, Kennedy wrote....
"What has been explained to this p[oint should more than suffice to establish that the principle purpose and the necessaary effect of this law are to demean those persons who are in a lawful same-sex marriage. This requires the Court to hold that DOMA is unconstitutional as a deprivation of the liberty of the person protected by the 5th Amendment....."
"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."
Of course the original purpose of DOMA was to discriminate against one class of people. That should have been obvious to many, and was, in 1996 when it was written. But see, what Kennedy is implying is that the folks who passed DOMA and the president who signed it were exercising "hateful moral judgment" when they passed such a law.
The truth is....they did.....exercise hateful moral judgment in 1996 when passing DOMA. And it's not like Congress doesn't regularly exercise "hateful moral judgment"......37 attempts to repeal Obamacare is one example......unanimous congressional resolutions to defend Israeli war crimes is another....oh, and bankrupting ACORN for no good reason is a third.
Furthermore....Scalia's faux-outrage over "hateful moral judgment" contained within yesterday's majority ruling to strike down DOMA.....has nothing to do with the ruling, itself. It's a Scalia-constructed smokescreen. The five Justices voting to repeal DOMA were not deciding "moral judgments".....they were using the Constitution to determine whether DOMA could stand the test of "equal justice under law." It couldn't. The ruling was not a "moral judgment" as Nino rants on about...instead, it was a ruling based on law. Americans understand that, Scalia does not.....because he doesn't want to.
Yes, Scalia is an embarrassment on the Court....but that is nothing new. Take note of Scalia's "deep" concern after the repeal of DOMA. Was he concerned about or cognizant of the fact that a deeply flawed law which discriminated openly against gay Americans had finally been repealed? Did Scalia even once consider the burden that was lifted from a persecuted group of Americans by repealing DOMA? Absolutely not. Scalia's immediate concern, along with Fox, Rush, and the religionists, was that dissenters of repeal would now be picked on and called names.
Instead of celebrating the end of federal discrimination against gay Americans under DOMA, instead of rejoicing with gay Americans who truly have been victimized by government-imposed laws of discrimination.....Antonin Scalia and the usual suspects whine and moan about how THEY have now been victimized by the words of Kennedy's truthful ruling.
The most unappealing characteristic of today's self-radicalized conservative movement is their bad habit of playing the self-victimization card whenever rulings, decisions and elections don't break their way. That's what Scalia did yesterday. But yesterday's ruling is not about you, Nino. You have not been victimized.....gay Americans have been victimized
Best to keep THAT in mind.