June 26, 2003
More on the SCOTUS decision
I was able to read through the opinion, as well as O'Conner's concurring opinion, and Scalia's dissent. Having done so, I stand by my earlier post. In fact, I feel that O'Connor's opinion stated just what I stated - that the court, while correctly finding the Texas Las unconstitutional, ignored the central argument of the case, which is not a violation of the due process law, but rather the equal protection law.
Scalia's dissenting opinion was classic anti-gay rhetoric. He actually claims that the decision will negate any moral based laws (IE Child Sex laws) - ignoring that the opinion clearly indicated that this case specifically about 2 consenting adults.
It is clear from this that the Court has taken sides in the culture war, departing from its role of assuring, as neutral observer, that the demo-cratic rules of engagement are observed. Many Americans do not want persons who openly engage in homosexual conduct as partners in their business, as scoutmasters for their children, as teachers in their children's schools, or as boarders in their home.
Scalia seems to be suggesting that it's okay to deny gay people equal access to jobs, homes, ect purely because those people are gay. That there is a legal rational for discrimination against gays.
I did agree with him in his claim that the court seemed to skirt the issue and offered a non-difintive ruling (as I understood that part of his dissent. I'm not a lawyer.)
Read the opinions yourself here (PDF).
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