Supreme Court Justice Scalia Dissents With The DOMA Decision

Antonin_Scalia_official_SCOTUS_portrait_cropThe Supreme Court has once again proven their willingness to rewrite the Constitution. On Thursday, in a 5-4 precedent-setting decision, the Supreme Court eviscerated the Defense of Marriage Act. Justices Sotomayor, Bader-Ginsburg, Kagan, Breyer and Kennedy, the court’s very own weathervane, voted to grant gay married couples the right to Federal benefits.

Justice Kennedy wrote the majority opinion for the decision. Like most “I-want-it-to-be-true-so-it-is,” activist liberals, the majority ruled that not granting Federal benefits to gay married couples was unconstitutional because they considered it unfair. The Weekly Standard quotes Kennedy’s decision:

The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and injure those whom the State, by its marriage laws, sought to protect in personhood and dignity. By …treating those persons as living in marriages less respected than others … Under DOMA, same-sex married couples have their lives burdened, by reasons of government decree, in visible and public ways.

“No legitimate purpose”? Why, because Kennedy and the leftists say so?

Dissenting opinions were held by Justices Roberts, Thomas, Alito and Scalia. Roberts, Alito and Scalia wrote dissenting opinions; all four Justices held that the majority decision was activist, emotionally based and constitutionally unfounded. Justice Scalia was point-blank with his rebuttal: “To question its high-handed invalidation of a … 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 … 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.”

About the author: Marilyn Assenheim

Marilyn Assenheim was born and raised in New York City. She spent a career in healthcare management although she probably should have been a casting director. Or a cowboy. A serious devotee of history and politics, Marilyn currently lives in the NYC metropolitan area.

View all articles by Marilyn Assenheim

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