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View Diary: Scotus Blog: Supreme Court won’t uphold or strike down Prop 8 (199 comments)

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  •  Scalia has no consistent values (4+ / 0-)

    If Scalia cared about state sovereignty he won't have substituted his judgment for that of the Florida Supreme Court in Bush v Gore.

    Marriage has always been the providence of states. DOMA is patently unconstitutional in its refusal to recognize some types of state issued marriage licenses. Does anyone doubt that Scalia will vote to uphold DOMA?

    •  At first I thought that Scalia's sovereignty.. (0+ / 0-)

      ..fetish would override other considerations. But after your comment and reading this @ Slate - March 22, 2013, at 5:21 PM

      What to watch for at the gay marriage arguments before the Supreme Court.

      3) What will Antonin Scalia say?

      We know where Scalia stands on gay marriage: He thinks it’s immoral. At Princeton last December, a student asked the justice why he makes an analogy between laws against sodomy, bestiality, and murder. Scalia said: “If we cannot have moral feelings against homosexuality, can we have it against murder? Can we have it against other things?” There is no way this man’s vote is up for grabs. The only question is how far he goes during oral argument to play to his base and bait his foes. At last month’s arguments over the continuing validity of the Voting Rights Act, Scalia talked about the law as “the perpetuation of racial entitlement.” If that’s what he says about one of the most heralded accomplishments of civil rights, what spleen will he vent about gayness?

      ..I think you nailed it:
      Does anyone doubt that Scalia will vote to uphold DOMA?

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