Same-sex marriage symposium: Jtice Slia’s nstutnal se for gay marriage - SCOTUSblog

Contents:

• WHY FOUR JTIC WERE AGAST THE SUPREME COURT'S HUGE GAY-MARRIAGE DECISN
• ANOTHER FERAL JUDGE TROLLS SLIA WHILE STRIKG DOWN GAY MARRIAGE BAN
• SLIA WARNED LAWRENCE V. TEXAS DISSENT THAT STRIKG DOWN SODOMY LAWS WOULD LEAD TO GAY MARRIAGE
• JTICE SLIA ON GAY ‘MARRIAGE’: ‘I DON’T KNOW HOW YOU N GET MORE EXTREME THAN THAT’
• SLIA'S ANGRY, INHERENT GAY MARRIAGE DISSENT
• THE BCHIT QUOT OM SLIA’S GAY MARRIAGE DISSENT
• SAME-SEX MARRIAGE SYMPOSIUM: JTICE SLIA’S NSTUTNAL SE FOR GAY MARRIAGE
• SLIA: GAY MARRIAGE CISN SHOWS AMERI’S ‘LER’ IS SUPREME COURT
• SLIA: ‘MORAL ISSU SUCH AS GAY MARRIAGE…HAVE NO BS BEG CID BY THE URT’
• SLIA’S GAY MARRIAGE PROBLEM
• ANTON SLIA'S GAY MARRIAGE DISSENT IS DRIPPG WH CONTEMPT AND SARSM
• SLIA BLAM GAY MARRIAGE CISN ON COURT’S LACK OF DIVERSY. THAT MAK NO SENSE.
• JTIC KENNEDY AND SLIA AND THEIR DIVI ON GAY RIGHTS

WHY FOUR JTIC WERE AGAST THE SUPREME COURT'S HUGE GAY-MARRIAGE DECISN

” Fally, Slia warned that the lg to extend marriage rights to gay upl across the untry would rob the urt of s power: “Hubris is sometim fed as o’erweeng pri; and pri, we know, goeth before a fall. In lg favor of gay marriage, he said, "Five lawyers have closed the bate and enacted their own visn of marriage as a matter of nstutnal law. "(RELATED: What 2016 Candidat Are Sayg About the Gay Marriage Rulg)Roberts's other dispute is that many of the arguments ma support of gay marriage uld also be ed to support plural marriage.

"If not havg the opportuny to marry 'serv to disrpect and subordate' gay and lbian upl, why wouldn't the same 'imposn of this disabily, '... "(RELATED: Watch The Two GOP Printial Candidat After the Supreme Court's Gay Marriage Decisn)Slia wrote that if he ever were to jo an opn that began wh that sentence he "would hi my head a bag, " sayg such language was more like the "mystil aphorisms of the fortune okie" than, say, legendary Chief Jtice John Marshall.

ANOTHER FERAL JUDGE TROLLS SLIA WHILE STRIKG DOWN GAY MARRIAGE BAN

"Jtice Samuel AloIn his dissent, Alo argued that gay marriage is not protected the Constutn unr the Due Procs Clse bee "liberty" only appli to those prcipl that are rooted U.

The Jtic the majory claim the thory to nfer nstutnal protectn upon that right simply bee they believe that is fundamental, " Alo also reaffirmed his posn that there is no way to nfirm what the oute of gay marriage may be on the stutn of tradnal marriage, and therefore the Court is and should not be a posn to take on the "For lennia, marriage was extribly lked to the one thg that only an oppose-sex uple n do: procreate. Their basic argument is that Stat formalize and promote marriage, unlike other fulfillg human relatnships, orr to enurage potentially procreative nduct to take place wh a lastg un that has long been thought to provi the bt atmosphere for raisg that the majory has led favor of gay marriage, Alo offered a stark warng about future nflict between relig liberty and progrsive ias.

Rellg the harsh treatment of gays and lbians the past, some may thk that turnabout is fair play. "Although the Court fds Idaho’s Marriage Laws were motivated, part, by important ernmental terts, their history monstrat that moral disapproval of homosexualy was an unrlyg, animatg factor, " Dale wrote.

SLIA WARNED LAWRENCE V. TEXAS DISSENT THAT STRIKG DOWN SODOMY LAWS WOULD LEAD TO GAY MARRIAGE

As was the se wh the feral Defense of Marriage Act, stck down by the Supreme Court last year, the practil effect of Idaho’s same-sex marriage ban "is 'to impose a disadvantage, a separate stat, and so a stigma' on a class of people based solely on their sexual orientatn, " Dale joed feral judg Utah, Oh, Virgia, Kentucky, Texas, Oklahoma and Michigan cg Slia's dissent the 2003 Lawrence se, or his ragg dissent the DOMA se, strikg down state gay marriage You GoAnton Slia's Supreme FacPopular the CommunyYou May Like. (Charl Dharapak/AP)The Supreme Court avoid a lg on California's Proposn 8 se Wednday, which cleared the way for gay marriage to rume California, makg the 13th state (pl the District of Columbia) where same-sex marriage is legal. Exactly 10 years ago today, the Supreme Court siarly ma a landmark cisn for gay upl – strikg down the sodomy law Texas by a vote of 6-3 the landmark se Lawrence v.

JTICE SLIA ON GAY ‘MARRIAGE’: ‘I DON’T KNOW HOW YOU N GET MORE EXTREME THAN THAT’

In his dissent of that lg, Jtice Anton Slia angrily warned that if the urt was willg to strike down sodomy laws, other state laws on moral choic uld soon be lifted, among them gay marriage. If moral disapprobatn of homosexual nduct is 'no legimate state tert' for purpos of proscribg that nduct... What jtifitn uld there possibly be for nyg the benefs of marriage to homosexual upl exercisg '[t]he liberty protected by the Constutn?

On Wednday, the Court did not grant marriage equaly to all stat, as many gay advot hoped would. WASHINGTON -- In his dissent the Supreme Court's cisn to legalize gay marriage throughout the untry, Jtice Anton Slia rted part of his se on the notn that marriage was herently a self-limg proposn. In dissent [ the Supreme Court lg which legaliz gay marriage natnwi], Jtice Anton Slia mocked the soarg language of Jtice Kennedy, who has bee the natn's most important judicial champn of gay rights: "The opn is.

SLIA'S ANGRY, INHERENT GAY MARRIAGE DISSENT

[Jtice Kennedy wrote legalizg gay marriage], "The generatns that wrote and ratified the Bill of Rights and the 14th Amendment did not prume to know the extent of eedom all of s dimensns, and so they entsted to future generatns a.

In 2003, the Supreme Court heard the se of two homosexual men who had been arrted and nvicted unr a Texas law that prohibed the act of sodomy.

The people may feel that their disapprobatn of homosexual nduct is strong enough to disallow homosexual marriage, but not strong enough to crimalize private homosexual acts--and may legislate acrdgly. Consir that ls than eight months later, the Massachetts Supreme Court stck down that state's ban on homosexual marriage. Supreme Court nomee John Roberts donated his time to work behd the scen for gay rights activists--and helped w a cisn that's been hailed as the "sgle most important posive lg" for the gay rights movement.

THE BCHIT QUOT OM SLIA’S GAY MARRIAGE DISSENT

Roberts agreed to help reprent the gay rights activists as part of his law firm's pro bono work. Colorado iative that would have allowed employers and landlords to exclu gays om jobs and hog. A 6-3 lg strikg down the iative was hand down May gay activist lled the Supreme Court lg the "sgle most.

2003, the State Supreme Judicial Court gave the Massachetts legislature 6 months to enact a law grantg homosexuals the right to marry. In July, the US Supreme Court had stck down the laws of 17 stat and clared homosexual sodomy to be a. though he and the state legislature believed that nothg the nstutn of the monwealth mandated gay marriag.

In "Romer v Evans", the Supreme Court stck down, 6-3, the Colorado nstuent's provisn that homosexual, lbian, or bisexual stat should not entle any person to claim quota preferenc, protected stat, or discrimatn. room to rent uld refe to let to a pair of homosexual men, or a church whose relign prohibed homosexual nduct uld ny a practicg homosexual a posn on s staff.

SAME-SEX MARRIAGE SYMPOSIUM: JTICE SLIA’S NSTUTNAL SE FOR GAY MARRIAGE

whdraw this special protectn, which was not required to give the first place, was motivated only by "anim" and so uld not stand unr the ratnale of the equal protectn cisn is an unsupported victory for homosexual. In "Romer v Evans", the Supreme Court led that Colorado uld not whdraw special protectn for homosexuals.

[The Court's cisn] plac the prtige of this stutn behd the proposn that opposn to homosexualy is as reprehensible as racial or relig bias.

SLIA: GAY MARRIAGE CISN SHOWS AMERI’S ‘LER’ IS SUPREME COURT

jt observatn that the Colorado provisn "was an entirely reasonable provisn which do not even disfavor homosexuals any substantive sense, but merely ni them preferential treatment. On public property about 1000 feet om his funeral service, the Wtboro Baptist Church followed s ctom of prottg at the funerals of service members wh signs nmng both homosexualy and the US for supportg .

The prottor's signs here ncerned plaly public matters such as the moral nduct of the US and s cizens, the fate of the natn, homosexualy the ary, and sndals volvg the Catholic clergy. DISSENT: ALITO dissentsThe prottors engaged a personal attack on Snyr's memory through signs implyg he was a homosexual, a Catholic, and doomed to hell for the �ss.

An amendment to the Colorado state nstutn that would have prevented takg any actn to regnize gay and lbian cizens as a protected class was passed by voters a referendum. Hardwick (1986), when the Court had led that a law crimalizg homosexual sex was nstutnal. Rejectg the state's argument that the Amendment merely blocked gay people om receivg "special rights", Kennedy wrote, "To the ntrary, the amendment impos a special disabily upon those persons alone.

SLIA: ‘MORAL ISSU SUCH AS GAY MARRIAGE…HAVE NO BS BEG CID BY THE URT’

" Slia argued that the Amendment did not ny homosexuals accs to the polil procs but merely ma more difficult to enact laws that they favored.

SLIA’S GAY MARRIAGE PROBLEM

[The Colorado amendment] do not even disfavor homosexuals any substantive sense, but merely ni them preferential treatment. Dale is an adult whose posn as assistant sutmaster of a New Jersey troop was revoked when the Boy Suts learned that he is an avowed homosexual and gay rights activist.

Countls dividuals, cludg gay marriage platiff Jim Obergefell, have paid their rpects to Jtice Slia for his years of service on the natn's hight urt, regnizg the almost parable fluence he has had Amerin law and polics sce he was nomated by Print Reagan 1986. While ndolenc are appropriate at this time, we feel 's also equally appropriate to remember jt how stnchly Slia opposed gay rights throughout his tenure on the Supreme Court. We created this list of Slia's most hateful remarks disparagg the gay muny wh that md.

In a speech at the Amerin Enterprise Instute 2012, Slia said that gay rights s are “easy” to ci. Gay sex has been illegal for centuri which meant, his view, that the nstutn do not forbid the crimalizatn of gay sex.

ANTON SLIA'S GAY MARRIAGE DISSENT IS DRIPPG WH CONTEMPT AND SARSM

Slia pared homosexuals to other such “reprehensible” tegori of dividuals such as murrers, polygamists, and people who beat animals his 1996 dissent Romer v. “This urt has no bs imposg upon all Amerins the rolutn favored by the ele class om which the members of this stutn are selected, pronouncg that ‘animosy' toward homosexualy … is evil … I vigoroly dissent. Not only did he pare gay sodomy to prostutn, hero e, and labor law vlatns (of all thgs), he also pared to btialy and ct, wrg:.

“Today's opn is the product of a urt, which is the product of a law-profsn culture, that has largely signed on to the so-lled homosexual agenda, by which I mean the agenda promoted by some homosexual activists directed at elimatg the moral opprobrium that has tradnally attached to homosexual nduct. In 2012, Slia was asked by a gay stunt at Prceton Universy why he equat btialy and murr wh homosexualy and the above remark is how Slia replied. It is both ironic and ftg that one of Slia's most hateful and flippant remarks about homosexualy was given jt months before he would pass away.

SLIA BLAM GAY MARRIAGE CISN ON COURT’S LACK OF DIVERSY. THAT MAK NO SENSE.

Speakg at Geetown Universy, his alma mater, this past November, Slia said that the Supreme Court's lgs on gay rights had no basis nstutnal law and uld jt as easily be applied to perasts and child abers. Throughout his life, Slia sisted he was not ncerned wh the actual moraly of homosexualy but only wh where the nstutn stands on the subject. His public remarks betrayed an anti-gay anim that was born out time and time aga his legal opns.

JTIC KENNEDY AND SLIA AND THEIR DIVI ON GAY RIGHTS

Comparg that evolutn to society's views of gays and lbians, Kennedy noted that for years, "a tthful claratn by same-sex upl of what was their hearts had to rema unspoken. Together, they volve a dozen upl who challenged same-sex marriage bans Oh, Michigan, Kentucky and Tennsee — the only stat wh bans on marriage between gay and lbian upl that had been staed by a feral appeals urt. Before Friday's lg, gay marriage had already been ma legal 37 stat and the District of Columbia — by eher legislative or voter actn or by feral urts that overturned state' bans.

As NPR's Na Totenberg reported when the Supreme Court heard the current se back April, nservative jtic had poted qutns for the attorneys: "Jtice Slia asked whether misters would be able to refe to marry two gay men.

He said, but that uld happen — uld happen that a mister would be forced to marry two gay men, vlatn of his beliefs.