‘If the current society wants to outlaw sex discrimination, hey, we have legislatures,’ Scalia says
In comments foreshadowing how he might rule on the issue of gay marriage, Supreme Court Justice Antonin Scalia has said he believes the US Constitution doesn’t provide protection from discrimination on the basis of gender or sexual orientation.
Scalia, a Reagan appointee considered to be a conservative stalwart on the bench, told an audience at UC Hastings Law School in San Francisco that the court’s recognition of a constitutional right to privacy — the basis of Roe v. Wade — is a “total absurdity,” the San Francisco Chronicle reports.
In 1965, the Supreme Court ruled in Griswold v. Connecticut that a state ban on contraceptives was unconstitutional because it violated the “right to marital privacy.” That ruling set the basis for Roe v. Wade, in which the court overturned bans on abortion on the grounds that they violated privacy.
Scalia has long advocated overturning Roe v. Wade, though it’s believed the court wouldn’t have enough votes to overturn it in a direct challenge.
The 14th Amendment, enacted after the Civil War in 1868, guarantees due process and equal protection and in recent years has been interpreted by courts to prohibit sex discrimination as well as racial discrimination.
But Scalia said he believes the amendment doesn’t apply to discrimination against women because that use of the measure was not intended in 1868.
He said he personally opposes bias against women, but said it can be banned by laws rather than reliance on the Constitution.ADVERTISEMENT
“If the current society wants to outlaw sex discrimination, hey, we have legislatures,” Scalia said.
Scalia’s attitude to the Constitution and sex bias issues could have a profound effect on US policy for years, as the Supreme Court is expected to hear a number of cases centering on gender orientation in the near future.
Among those is the legal struggle over California’s Proposition 8, which bans gay marriage. This past summer, a US District Court judge ruled Prop 8 unconstitutional. The case could reach the Supreme Court eventually.
Scalia asserted that the Constitution’s authors always meant for religion to play a large role in US politics, the San Jose Mercury-News reports.
“Don’t tell me that the framers of the American Constitution never had that in mind,” he said. He added that the United States is superior to some other countries because it “does God honor.”
“It’s not unconstitutional,” he said.
MSNBC anchor blasts Trump’s ‘lunacy’ after ‘a Twitter tirade that sent the Dow spiraling’
The New York Stock Exchange closed down over 600 points on Friday as President Donald Trump's trade war with China escalated.
MSNBC anchor John Heilemann said, "we’re hours away for the president taking off to the G7 summit in Bairritz, France, where allies are bracing for the Trump-fueled mayhem that is now 100% certain to ensue, with Trump like a drunken traveler in the departure lounge about to take a trip that he dreads, already sewing global chaos, days-long public meltdown typically moved from words to actions."
"Donald Trump beginning this day with a Twitter tirade that sent the Dow spiraling, closing down more than 600 points today and escalating his trade war with China with these norm-shattering, power-abusing words in this tweet," he said, putting the tweet on-screen.
Ex-Houston cop is charged with murder after his fraudulent search warrant got a couple killed
Former Houston police officer Gerald Goines has been indicted on felony murder charges in relation to a drug raid in January that left a couple dead, the Houston Chronicle reported this Friday.
Questions about the raid, which took place January 28, began to swirl when it was revealed that Goines had lied to obtain the search warrant. The raid resulted in a shootout that killed 58-year-old Rhogena Nicholas and 59-year-old Dennis Tuttle. Goines was also wounded in the shootout as were four other officers.
‘Making things worse’: National Farmer’s Union chief unloads on Trump in blistering statement on trade war
Roger Johnson, the president of the National Farmers Union, delivered a blistering rebuke to President Donald Trump after he responded to new tariffs from China by issuing a purported "order" telling American companies to look for alternative places to manufacture their goods.
In an official statement, Johnson pointed out that farmers so far have felt the brunt of the president's trade war, as China has slapped heavy tariffs on key agricultural products such as soybeans.
He also crushed the president for failing to make any progress on reopening the Chinese market to American goods.