The Rhetoric of the Majority

After offering some of the legal interests served by DOMA, Scalia in dissent notes the rhetoric of the majority opinion, which clearly resembles the rhetoric of gay rights activists. He chides his colleagues for treating Congress and the President who signed DOMA so cavalierly:

“to defend traditional marriage is not to condemn, demean, or humiliate those who would prefer other arrangements, any more than to defend the Constitution of the United States is to condemn, demean, or humiliate other constitutions. To hurl such accusations so casually demeans this institution. In the majority’s judgment, any resistance to its holding is beyond the pale of reasoned disagreement. To question its high-handed invalidation of a presumptively valid statute is to act (the majority is sure) with the purpose to ‘disparage,’ ‘injure,’ ‘degrade,’ ‘demean,’ and ‘humiliate’ our fellow human beings, our fellow citizens, who are homosexual. All that, simply for supporting an Act that did no more than codify an aspect of marriage that had been unquestioned in our society for most of its existence— indeed, had been unquestioned in virtually all societies for virtually all of human history. It is one thing for a society to elect change; it is another for a court of law to impose change by adjudging those who oppose it hostes humani generis , enemies of the human race.”

Next
YOU MIGHT ALSO LIKE

Deliver Us from Evil

Kari Jenson Gold

In a recent New York Times article entitled “Freedom With a Side of Guilt: How Food Delivery…

Natural Law Needs Revelation

Peter J. Leithart

Natural law theory teaches that God embedded a teleological moral order in the world, such that things…

Letters

Glenn C. Loury makes several points with which I can’t possibly disagree (“Tucker and the Right,” January…