12/11/2012

Scalia point on moral values and laws against homosexual marriage

If I had to guess, I believe that the Supreme Court will say that there is no rational basis for opposing homosexual marriage.  Here is Scalia's take on the issue:
"If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?" Scalia said, according to The Associated Press.  
The justice's comments are sure to draw attention with the Supreme Court set to enter the debate over gay marriage in its coming term.  
Scalia was asked about controversial comments he had made in the past that argued that the constitutionality of subjects like the death penalty, abortion or sodomy laws were all "easy" to decide by considering the Constitution as understood by its writers. . . .
I am not sure that is the best argument.  Murder by definition hurts someone else.  It isn't obvious that the same claim can be made of homosexual marriage, but some comparisons might be possible.  For example, some might believe that children raised with two parents of the same sex will not turn out as well as those raised in families with opposite parents.  Whether that argument is right isn't as important as whether it is reasonable for them to believe that relationship exists.  

Possibly laws on drugs that people take might be a better analogy.  People voluntarily take drugs, though the government believes that it has the responsibility to protect them from themselves.  

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