June 23, 2025 The Newspaper Serving LGBT Los Angeles

Justice Scalia was despised and lionized for his judicial activism against LGBT rights

 

scal

BY TROY MASTERS  |  FEB. 13, 2016  |  Antonin Scalia, Justice on the Supreme Court of the United States and leading opponent of gay rights since his appointment by President Ronald Reagan in 1986, was found dead today at a Texas ranch. He was 79 years old.

Scalia was deeply despised in the LGBT community for his outspoken opposition and judicial activism against LGBT rights. He was adored by right wing and christian conservatives. He opposed — with great animus and energy — every gay rights case that made it to the bench before and during his tenure.

Of the Court’s 1996 Romer v. Evans decision, a watershed gay rights case that stuck down Colorado’s anti-gay Amendment 2 by ruling that antigay sentiment does not justify state or federal laws that discriminate against gay and lesbian people, Scalia launched a tirade in his dissenting opinion: “If it is rational to criminalize the conduct, surely it is rational to deny special favor and protection to those with a self-avowed tendency or desire to engage in the conduct,” he wrote, referring to the Bower’s v. Hardwick, a Court ruling that was law of the land at the time and which upheld laws that made gay sex a crime.

In the 2003 Lawrence v. Texas ruling, a case in which the Court overturned laws that made gay sex a crime, Scalia wrote: “Today’s opinion is the product of a court, which is the product of a law-profession culture, that has largely signed on to the so-called homosexual agenda, by which I mean the agenda promoted by some homosexual activists directed at eliminating the moral opprobrium that has traditionally attached to homosexual conduct.”  Scalia wrote that sodomy laws were no less important than laws prohibiting things like bigamy, incest and bestiality.

He correctly predicted the decision would result in the recognition of a constitutional right to same-sex marriage.

In the 2013 Windsor v. United States ruling, which struck down Section 3 of the Defense of Marriage Act, Scalia wrote in his dissent: “That is jaw-dropping. It is an assertion of judicial supremacy over the people’s Representatives in Congress and the Executive. It envisions a Supreme Court standing (or rather enthroned) at the apex of government, empowered to decide all constitutional questions, always and everywhere ‘primary’ in its role.”

He said of the 2015 Obergefell v. Hodges decision, which struck down state bans on same-sex marriage, that the ruling was “the furthest imaginable extension of the Supreme Court doing whatever it wants,” and said the question of same-sex marriage “has nothing to do with the law. Saying that the Constitution requires (same-sex marriage) is contrary to the religious beliefs of many of our citizens—I don’t know how you can get more extreme than that.”

His opposition to the decision was cited by a new breed of activists as a call to arms against gay rights, most notably Kim Davis who has seized on Scalia’s many assertions that Obergefell was an unlawful decision and a perversion of the law as the basis for  their refusal to offer basic civil benefits to LGBT people

Former Supreme Court law clerk and presidential candidate Ted Cruz has repeatedly introduced legislation that would forbid the federal government form providing spousal benefits to same sex couple using arguments that closely mirror Justice Scalia’s language and reason.

Scalia was fond of saying that if the Court protects LGBT people it might eventually extend protections to child molesters.

Speaking last month at a Louisiana Catholic high school Justice Scalia claimed there is “no place” in the U.S. constitution requiring separation of church and state: “To tell you the truth there is no place for that in our constitutional tradition. Where did that come from?” Scalia said. “To be sure, you can’t favor one denomination over another but can’t favor religion over nonreligion?”

Related Posts

JoJo Siwa Bows Out of Chicago Pride After Saying She Felt Pressured to Label Her Sexuality

June 23, 2025

June 23, 2025

Singer Cancels Pride Set After Revealing Struggles with Queer Label Expectations JoJo Siwa has withdrawn from a scheduled appearance at...

Del Rey Affordable Housing Project to Rise on Former Charter School Site

June 23, 2025

June 23, 2025

Community Corp., Local Faith Group Team Up to Build 122 New Apartments Plans are moving forward for a new residential...

Paris Hilton Buys Mark Wahlberg’s Beverly Park Mansion for $63.1M

June 22, 2025

June 22, 2025

The Heiress and Media Mogul Joins a Star-Studded Neighborhood Paris Hilton and husband Carter Reum have purchased a high-profile estate...

A.O.C. Brentwood to Close After 16 Years on San Vicente Boulevard

June 22, 2025

June 22, 2025

Chef Goin and Styne Cite Unsustainably High Rent in Decision to Close  A.O.C. Brentwood, the acclaimed Westside outpost from James...

Weekend Lane Closures on PCH in Malibu Could Snarl Summer Beach Traffic

June 21, 2025

June 21, 2025

Army Corps Work Triggers Weekend Closure on Pacific Coast Highway Motorists traveling along Pacific Coast Highway this weekend should prepare...

LA City Councilwomen Yaroslavsky and Jurado Call for Legal Action Against Federal Immigration Raids

June 20, 2025

June 20, 2025

City Motion Targets Alleged Unconstitutional Tactics, End Qualified Immunity for Fed Officers  City Councilmembers Katy Yaroslavsky and Ysabel Jurado introduced...

All Aboard to LAX: Metro Opens Game-Changing Transit Hub Ahead of Global Events

June 20, 2025

June 20, 2025

 New LAX/Metro Transit Center Comes Closer to Connecting Metro Directly to LAX The Los Angeles County Metropolitan Transportation Authority (Metro)...

Princess Diana’s Largest Wardrobe Auction Set for Beverly Hills

June 20, 2025

June 20, 2025

Over 200 Royal Garments to Hit the Auction Block for Charity More than 200 garments and royal artifacts, including the...

Queer Beauty Through the Ages: Getty Hosts Lecture on Greek Art’s Influence on LGBTQ Aesthetics

June 20, 2025

June 20, 2025

Art Historian to Trace Homoerotic Imagery From Ancient Greece to Modern Queer Identity As part of its ongoing Pride Month...

Food Fight on the Venice Boardwalk: Chefs Stand Up for Immigrants with Food

June 20, 2025

June 20, 2025

Turk’s Pizza Party Rallies Top Local Eateries for an Immigrant Rights Fundraiser In a bold display of culinary activism, Turk’s...

Navy Vietnam Vet Finally Gets His UCLA Commencement Moment

June 20, 2025

June 20, 2025

John Fong, 80, Missed His Graduation in 1968 While in Vietnam  Nearly six decades after completing his studies, U.S. Navy...

Films, Flair, and Panoramas: Free Cultural Events Light Up The Ebell This Week

June 20, 2025

June 20, 2025

The Ebell Theatre Hosts a Double Feature of Films, Plus a Coffee Talk A pair of free public events this...

Nightly I-405 Lane Closures Begin June 23 for Sepulveda Pass Rehab

June 20, 2025

June 20, 2025

Caltrans Will Shut Down Select Lanes Nightly Through June 28 The California Department of Transportation (Caltrans) has announced overnight lane...

Newsom Slams Federal Shutdown of LGBTQ Youth Suicide Lifeline, Promises California Will Step Up

June 20, 2025

June 20, 2025

California Pledges Expanded Mental Health Access and Continued Crisis Services. California Gov. Gavin Newsom on Tuesday sharply criticized the Trump...

Frankie Grande Unleashes Dancefloor-Ready “Boys” Remix by Felix Jaehn Ahead of Pride Album Drop

June 20, 2025

June 20, 2025

LGBTQ+ Multi-Hyphenate Debuts a High-Energy Remix, Unveils the Tracklist for His Upcoming Album Frankie Grande has released a high-energy remix...