SCALIA: ‘When Did It Become Unconstitutional To Exclude Homosexual Couples From Marriage?’


scalia“We don’t prescribe law for the future,” Scalia said. “We decide what the law is. I’m curious, when did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868? When the Fourteenth Amendment was adopted?”

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56 comments
DanARou
DanARou

Why isn't Fezzie screaming that a man should be able to marry his gay brother?

REDDYROG
REDDYROG

not the first to say this,but I'm married and if the gays want to marry...go for it!

Someone
Someone

Marriage isn't a constitutional right because its never been defined in the constitution. It was just grandfathered in (and it was done so when women were equal to property). End the benefits which are there own kind of prejudice against singles, legally adopt domestic partnership and just call it what you want in your personal life.

cigarsNscotch
cigarsNscotch

Around the same time the government involved itself it religious sacraments. I feel all legally binding relationships should be considered civil unions as far as the government is concerned.

CamfromToronto
CamfromToronto

Let me be the millionth person to make the observation that the founding fathers were just a bunch if dudes who drank heavily and weren't worthy of anywhere near the deference and adulation they get to this day. My country's "fathers of confederation" were no better but I'm glad we don't look back on them like they were godddamn prophets...

rexdart936
rexdart936

the argument for gay marriage should be made on equal protection grounds.

TurdJerguson
TurdJerguson

It should be constitutional if you go by the Full Faith and Credit clause.

Tbone1120
Tbone1120

Just let them get maried so the queens can stop crying about it.

HummusMagnate
HummusMagnate

Hmm... I'm gonna say that the government can't "exclude" people from government sponsored activities like marriage because that in my opinion violates civil rights. Now the way for religion to get around this is to not be in bed with the government when marrying people. I.e. no judge or JOP no tax benifits etc. Problem solved. If you're that serious about your religious beliefs then you would keep the government out of them. If your contract is between your lover and God you should not be worried about a rubber stamped government document "legalizing" it in the eyes of the court system. Is this making any sense?

ecupirate
ecupirate

for the most part marriage is dumb anyhow

SarahMcPants
SarahMcPants

Around the same time women could vote and black men stopped being 3/5ths of a person.

TwizzlesMcNasty
TwizzlesMcNasty

I have had a similar point of veiw on the constitution but then you consider the thoughts of some of the founding fathers who felt like they were laying the ground work for the ending of slavery.  I do not think that we are completely beholden to these men from 200 years ago but they did seem to be men who considered freedom precious  Homosexuality never should have been illegal based on our contitution but there is a question for the of how is marriage defined?  Is it an agreement between two people?  No Is it an agreement between two people and a church?  No.  Is it an argeement between two people and the state?  Yes.  Is it improper discrimination for the state to resrict people of the same sex to enter into the argeement?  Scalia thinks an amendment like the one that abolished slavery is necessary and that would be the cleanest solution but they could argue the intent of the constitution restrict this type of discrimination. 

 

Marriage and the state shouldn't mix at all.  Marriage should be the realm of the people.  Churches, individuals, whoever makes something up, what business is it of the state?

edrooney
edrooney

If Jesus came back and became a citizen of the USA.  Not a dual Israeli/US citizenship but a Straight up US citizen, what political party do you think he would be registered with ( for drivers license purposes, of course)   If you think Jesus would be a republican, I challenge you to tell me why.  

JonNockels
JonNockels

Right around that "We hold these truths to be self evident...that all men are created equal" part.

DerekJamesSmith
DerekJamesSmith

I wonder if Scalia would apply the same thinking to the 2nd Amendment

Vami
Vami

Thanks for a very angry, smug and confused 20 minutes of radio tomorrow, Scalia!

DanARou
DanARou

Since Marriage is legally for the intent of procreation; 8====) (====8 does not make babies, neither does O/O (scissoring)

Ziggy Stardust
Ziggy Stardust

They were on the DL when this was drafted, so tick tock. 

Rphils
Rphils

It has ALWAYS been unconstitutional... we are just finally realizing it

filler
filler

Just let one dick rest against your lips Fez, then we will care when you post these typical gay stories we are so so used to.

Docintoxicated
Docintoxicated

I've been busy all day so I just logged on to facebook and saw a bunch of those red equal things. Luckily Ron and Fez inspired me to make my own version.

 

http://imgur.com/cSCLiLP