Supreme Court overl Texas sodomy law broast possible terms, issug sweepg claratn of nstutnal liberty for gay men and lbians; vote is 6 to 3; majory says urt's ntrary 1986 cisn 'means the liv of homosexual persons'; Jtice Anthony M Kennedy, wrg for urt, says state nnot ntrol gays' sty by makg their private sexual nduct a crime; rult was wily anticipated, but few expected cisn of such spe om urt that only 17 years ago dismissed same nstutnal argument as 'facet'; Jtice Anton Slia, sthg dissent, acc urt of takg sis culture war and signg on to 'so-lled homosexual agenda'; se stems om su brought by two Hoton men who were arrted and prosecuted for havg sex their home; cisn is expected to have profound legal and polil implitns; photos; map showg 13 stat that have sodomy laws, now validated by Supreme Court (L)
Contents:
- ANTON SLIA ROUTELY LED AGAST GAY RIGHTS. THOSE OPNS EXPLA HIS PHILOSOPHY.
- JTIC KENNEDY AND SLIA AND THEIR DIVI ON GAY RIGHTS
- JTICE SLIA TOOK OFFENSE AT THIS QUTN ABOUT GAY RIGHTS
- JTICE ANTON SLIA'S PROVOTIVE COMMENTS ON GAY ISSU
- ANTON SLIA: SCOTUS LOGIC ON GAY RIGHTS COULD LEAD TO PROTECTNS FOR CHILD ABERS
- THE SUPREME COURT: HOMOSEXUAL RIGHTS; JUSTICES, 6-3, LEGALIZE GAY SEXUAL CONDUCT IN SWEEPING REVERSAL OF COURT'S '86 RULING
ANTON SLIA ROUTELY LED AGAST GAY RIGHTS. THOSE OPNS EXPLA HIS PHILOSOPHY.
How Slia's opns on gay rights expla the late Supreme Court jtice. * scalia gay rights *
In his view, wasn't so much that he was opposed to gay rights — although he was — but that such rights simply weren't protected by a very origalist terpretatn of the Constutn and s amendments. His lleagu, of urse, argued that the 14th Amendment protected gay people — by forbiddg any level of ernment om passg discrimatory laws that nied people their fundamental rights. Slia rejected the view, claimg the Constutn, the 14th Amendment, and their amers ma no mentn of gay rights and therefore did not tend to protect gay people.
JTIC KENNEDY AND SLIA AND THEIR DIVI ON GAY RIGHTS
This week the Supreme Court will hear arguments about equal rights for gay Amerins. But we already know what Slia thks. * scalia gay rights *
Texas 2003, where the Court led that stat' anti-sodomy laws — which effectively banned gay sex — were unnstutnal, Slia warned his dissent that the logic ed to strike down the lg uld upend stat' laws agast same-sex marriage:. The Supreme Court reasoned that all the anti-gay laws were unnstutnal for largely the same reason: They discrimated agast a group of people by whholdg fundamental rights and vlated the 14th Amendment. Slia's stance on gay rights monstrated his origalist view: He believed the Constutn uldn't protect gay rights, bee no one uld envisn, for example, same-sex marriage as an issue back when the Constutn and s amendments were wrten.
JTICE SLIA TOOK OFFENSE AT THIS QUTN ABOUT GAY RIGHTS
Supreme Court Jtice Anton Slia torched the majory opn regnizg gay marriage natnwi lorful language. * scalia gay rights *
So Slia's view, the urt's pro–gay rights cisns read rights and lims to the Constutn that simply didn't exist, and therefore allowed the Court to strike down laws that were, his opn, nstutnally valid. Kennedy and Anton Slia were born the same year, chosen by the same print, live on the same Northern Virgia street and, servg together on the Supreme Court longer than any other current pair of jtic, have many tim voted the same nservative one issue — how the Constutn protects gay cizens — divis and f the two like no other.
JTICE ANTON SLIA'S PROVOTIVE COMMENTS ON GAY ISSU
Towleroad prents a list of Supreme Court Jtice Anton Slia's 7 most hateful, homophobic and anti-gay remarks om his 30 years on the bench. * scalia gay rights *
This week's historic hearg on same-sex marriage is both the logil extensn and ultimate showdown a s-long argument that so far Kennedy has always of Kennedy's bold and lyril lgs on behalf of gays — "tim n bld to certa tths and later generatns n see that laws once thought necsary and proper fact serve only to opprs, " he wrote Lawrence v.
Kennedy has wrten all of the Supreme Court's most important cisns on gay rights: protectg the civil rights of homosexuals Romer v. Wdsor two years ago that the feral ernment mt regnize same-sex was a steppgstone to the Supreme Court’s nsiratn on Tuday of whether the Constutn forbids stat om prohibg gay upl to the pattern ntu and the urt renrs a landmark lg favorg gay marriage, will likely once aga be Kennedy whose words memorialize that cisn and Slia who will articulate the is not a nflict everyone would have predicted for two of Ronald Reagan’s choic for the urt.
(Vio: Julie Percha/The Washgton Post)"Their different approach to gay rights reflects their more fundamental disagreement about how to thk about the liberti protected by the Constutn, " said Pl M.
ANTON SLIA: SCOTUS LOGIC ON GAY RIGHTS COULD LEAD TO PROTECTNS FOR CHILD ABERS
Jtice Slia talks gay rights before a packed Brooklyn dience. * scalia gay rights *
"Michael Dorf, a profsor at Cornell Law School and a former Kennedy clerk, said his former boss’s cisns on gay rights were not nstcted to lead ultimately to a cisn on same-sex marriage.
THE SUPREME COURT: HOMOSEXUAL RIGHTS; JUSTICES, 6-3, LEGALIZE GAY SEXUAL CONDUCT IN SWEEPING REVERSAL OF COURT'S '86 RULING
"Jtice Slia, I'm gay, and as somebody who is gay I fd the parisons extraordarily offensive," Dunn Hosie, a hman at Prceton, said to … * scalia gay rights *
”Although he never led for gay rights as a lower urt judge, Kennedy exprsed ncern about the policy even as he upheld the ary's right to dismiss gay servicemen.