Justice Antonin Scalia's Provocative Comments on Gay Issues

American Enterprise Institute Speech -- 2012

In a discussion before the American Enterprise Institute in October 2012, Scalia said solving some of the most controversial topics facing the legal system would be very easy according to his textualist constitutional interpretations. Scalia's comments came nine years after the Lawrence v. Texas ruling, which upheld consenting individuals' rights to sexual privacy in legislation.

"The death penalty? Give me a break. It's easy. Abortion? Absolutely easy. Nobody ever thought the Constitution prevented restrictions on abortion. Homosexual sodomy? Come on. For 200 years, it was criminal in every state."

"Do not believe anything you read about the internal workings of the Supreme Court. ... It is either a lie because the press knows we won't respond -- they can say whatever they like and we won't respond -- or else it's based on information from someone who has violated his oath of confidentiality, that is to say, a non-reliable source. So one way or another it is not worthy of belief."

Princeton University Appearance -- 2012

In December 2011, Scalia made an appearance at Princeton University to speak about the Constitution. Undergraduate student Duncan Hosie found Scalia's previous statements "extremely offensive" as a homosexual and took the opportunity to ask him about his past comparisons of homosexuality to bestiality and murder.

"I don't think [such comparisons are] necessary, but I think it's effective. ... It's a form of argument that I thought you would have known, which is called 'reduction to the absurd."

"If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things? I don't apologize for the things I raise. ... I'm surprised you aren't persuaded."

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