May 23, 2013
Supreme Court Paved Way for Gay Marriage, Scalia Said Nearly a Decade Ago
Posted on Dec 10, 2012
All eyes will be on the Supreme Court in June when the justices are expected to decide the legality of the Defense of Marriage Act and California’s Proposition 8, two landmark cases that will have widespread implications on the hot-button issue of same-sex marriage in this country. Although it’s the first time same-sex marriage has made its way to the high court, we can glean information about how the justices will possibly vote based on other cases involving gay rights.
Take, for instance, this little nugget conservative Justice Anton Scalia left us in Lawrence v. Texas, the blockbuster 2003 decision that ruled states cannot criminalize sexual acts between two consenting adults of the same gender. In the minority dissent, Scalia wrote that the court’s reasoning behind striking down the sodomy laws in Texas “leaves on pretty shaky grounds state laws limiting marriage to opposite-sex couples.”
His dissent also said, “Today’s opinion dismantles the structure of constitutional law that has permitted a distinction to be made between heterosexual and homosexual unions, insofar as formal recognition in marriage is concerned.”
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—Posted by Tracy Bloom.
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