Sunday, April 7, 2013

4.7.2013

Below, I’m going to list and discuss some quotes by Antonin Scalia, Supreme Court Justice, regarding sexual orientation equality.  Now, this topic is going to get heated.  I couldn’t care less in this blog about states right vs. federal rights, federalism, the Madison v. Marbury case, the 14th Amendment, or any of the other reasons that it is legally wrong for DOMA to exist or for California’s Prop 8 to exist.  What I’m concerned about here is a Supreme Justice of the Law in America expressing these bigoted opinions in his dissents and statements.  I’m not certain how this is legally or ethically acceptable in America.

Following a SCOTUS decision illegalizing sodomy laws (making sodomy laws illegal) in 2003, the State Supreme Judicial Court gave the Massachusetts legislature 6 months to enact a law granting homosexuals the right to marry.  Justice Scalia had this to say: "State laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity [are now] called into question. The court has largely signed on to the homosexual agenda. The court has taken sides in the culture war."
So his opinion is that homosexuality is on the same level as incest, prostitution, or bestiality?  Also, in what way does a government have the right to legislate masturbation or fornication?  Or OBSCENITY?  Does this asshole live in the 1950s Midwest America?
People like him have been phased out.  They are no longer relevant.  They do not provide any substance to America except for hate and ignorance.
The problem that I have with a hate-filled statement like this is that as a SCOTUS Justice, all laws should always be in question.  If the Marbury case is the law of the land, and judicial review is the way that we operate, then it is his obligation to the USA to question all laws at all times.  But that isn’t convenient for his pseudo-Abrahamic outdated hate. 

"Of course it is our moral heritage that one should not hate any human being or class of human beings.  But I had thought that one could consider certain conduct reprehensible—murder, for example, or polygamy, or cruelty to animals—and could exhibit even 'animus' toward such conduct. Surely that is the only sort of 'animus' at issue here: moral disapproval of homosexual conduct [.]" It's true that people generally disapprove of murder, but there's more going on in laws banning murder than mere disfavor—the rights of the person being murdered, for example.”
This gets interesting now.  So, homosexual acts are like murder.  Also, and I could be wrong here, but he is comparing society at large being “exposed” to homosexual activity to a victim of murder.  I have several issues with this.
Firstly, I absolutely hate when people try to trump up their emotional call-out of one situation by comparing it to a much more extreme situation.  What ends up happening is that the injustice that really exists, i.e. the victims of murders, are then marginalized and trivialized.  It’s the standard move of the bigot, to try and compare apples to oranges.  They move the goal so that at no time can anyone predict which hateful angle they are going to try next.
The second issue that I take with this statement is that someone’s shitty, misplaced, hateful, mean-spirited, selfish, and ignorant morals do not get to drive lawmaking in America.  It is one of the things in the Constitution that still holds up in the modern era.  Just because some mythology book written starting about 3000 years ago, by thousands of different people, translated into dozens of different languages before English, scribed by hundreds or thousands of scribes, with books voted on by counsels of leaders over time, with several books removed and destroyed makes a vague reference or two to gay sex does not mean that in 2013 you get to create legislation based on that.  Freedom does feel good sometimes.
A third issue that I have is the link to polygamy here.  Now, I might be the minority, but I believe that polygamy should be legal, as long as all members in the relationship are consenting adults, there is a means to provide for a family that large, and there is no indication of abuse.  Maybe that’s a pipe dream; maybe it’s a silly concept.  But I do believe in the right to choose your own path in life, I believe that it is not my place in the world to decide what is right for people to do that I do not know.
And of course, there’s another statement regarding animal-fucking.  It’s like the Christian extremist Neo-cons just cannot get away from talking about fucking animals.  I mean, that’s about as wrong as it gets, and people do it.  But here’s the really messed up part: as long as you identify as a heterosexual, you can fuck all of the animals that you’d like for your entire life, and when you or your spouse dies, if you were married, you get 1138 more federal benefits than someone who was a monogamous, loving, intelligent, homosexual partner.  Sick, huh?

"[Colorado's ban] prohibits special treatment of homosexuals, and nothing more. [I]t would prevent the State or any municipality from making death benefit payments to the 'life partner' of a homosexual when it does not make such payments to the long time roommate of a non[-]homosexual employee."
This one is hard to even comprehend.  I’m guessing that what he is saying here is that he doesn’t even believe that what two homosexuals experience could be anything more than just a friendship and maybe some late night accidental sex following a bad breakup and some cheap Merlot.  Really.  Antonin Scalia is such a bigot that he doesn’t believe that homosexuals can experience love in the way that straight couples can.  And he says it casually, as though that’s the generally accepted scientific fact.
I know that anecdotal evidence isn’t worth a pot to piss in, so I’ll try and stay away from it…but suffice to say…anyone that’s met some of the amazing people that I know know the complete falsehood that this statement is.

"[A job] interviewer may refuse to offer a job because the applicant is a Republican; because he is an adulterer; because he went to the wrong prep school or belongs to the wrong country club; because he eats snails; because he is a womanizer; because she wears real animal fur; or even because he hates the Chicago Cubs." 
Here we are with the classic “it’s a choice” argument that bigots love so much.  If it was a choice, would so many people choose to have their lives in shambles?  To have their loved ones ridiculed.  To be bullied and beaten?  I doubt it.  But to someone that’s always had a pretty easy go at life, if you continue to keep your head in the sand, you wouldn’t know that.
"It doesn't say you can't have—you can't have any sexual intimacy. It says you cannot have sexual intimacy with a person of the same sex."
"Men and women, heterosexuals and homosexuals, are all subject to [Texas'] prohibition of deviate sexual intercourse with someone of the same sex."
These two statements are doozeys.  It takes a brave man to bring up literal arguments used in the civil rights movements AGAINST racial equality in 2013 and use them against another minority.  This is the same argument used to DEFEND interracial marriage bans, by claiming that they affected whites and blacks equally. 
But, everyone that watches Scalia knows that he’s a racist and a bigot.  He recently called the Voting Rights Act a racial entitlement.  He truly believes that bringing anyone up to the level of the straight Christian white wealthy male is granting entitlements.

Now, this is the one that makes me the most angry because he SAID IT FROM THE BENCH just last week.
“If you redefine marriage to include same-sex couples, you must — you must permit adoption by same-sex couples, and there's —­ there's considerable disagreement among — among sociologists as to what the consequences of raising a child in a — in a single-sex family, whether that is harmful to the child or not. Some States do not — do not permit adoption by same-sex couples for that reason.”
Now, just to clear something up:  there is NO considerable disagreement among scientific evidence except for fringe crackpots that do not use actual scientifically approved processes. The AMA and the APA both endorse and support it.  These groups call homosexual parents qualified: American Academy of Pediatrics, the American Academy of Child and Adolescent Psychiatry, the American Psychiatric Association, the National Association of Social Workers, the Child Welfare League of America, and the North American Council on Adoptable Children.  Here's a great article to read.  Links and references to the information really help understand how wrong this standpoint is.

I didn’t really get into it, because I didn’t have time.  But here in America, our generation, Generation X or whatever, is maturing.  We are getting into office.  We are making policy.  We are undoing the mistakes of our forbearers.  We can’t make it all right over night.  And we can probably never truly make it up to the groups that we insist on persecuting and walking all over.  But hopefully, in my lifetime, everyone will walk around as equals, and we can begin to eliminate hate from our society.  But, then again, this is just my opinion.

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