Conservative Supreme Court Justice Antonin Scalia, who substantially bases his interpretation of the Constitution on what we know of our forefathers’ wishes, recently stepped in it with quite a few equality-minded folk. California Lawyer published an interview in which Justice Scalia says the Constitution—and specifically the 14th Amendment—doesn't cover women, or sexual preference because ... nobody in those days would even consider the possibility.
“Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't. Nobody ever thought that that's what it meant. Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws,” said Justice Scalia.
Sure! We can outlaw discrimination based on whatever we please. However, the 14th Amendment, in and of itself, did not. Not surprisingly, there are opposing, learned views on the subject; and for all that the Supreme Court has become more conservative, Scalia’s views remain a minority opinion.
“Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't. Nobody ever thought that that's what it meant. Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws,” said Justice Scalia.
Sure! We can outlaw discrimination based on whatever we please. However, the 14th Amendment, in and of itself, did not. Not surprisingly, there are opposing, learned views on the subject; and for all that the Supreme Court has become more conservative, Scalia’s views remain a minority opinion.