As I understand, Scalia argues that moral disaproval of homosexuality is a rational state interest. “Many Americans do not want persons who openly engage in homosexual conduct..as scoutmasters... as teachers in their childrens schools.” So states may further that aim
#ELB: Did Justice Scalia Display Anti-Gay Animus? http://electionlawblog.org/?p=98526 cc: @AnthonyMKreis @Sam_Rubinstein https://twitter.com/EdWhelanEPPC/status/981313770088747009 …
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And yes I can tell you that reading the dissent as a gay person is a painful and difficult thing to do. Here, a member of the most powerful court in the land explicitly writes that if a state wants to label me a threat, condemn me, and cast me out, it may.
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But that ignores the role of courts and of a justice. Courts are supposed to offer protection from majority tyranny. Scalia doesn’t want to be associated with the homophobia, which is socially unacceptable, but he is very actively and aggressively furthering it
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Scalia I think would say that he is not endorsing homophobia, he is just protecting the rights of states to advance the interest of their citizens, which may include homophobia
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I think Whelan’s attempt to interpret the “so-called” fig leaf to connote distancing is, pardon my legalese, bullshit. “So-called” as used in the Lawrence dissent signals that it’s a convenient handle as opposed to a term of art. AS’s next sentence gives the game away.
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Not next sentence, next clause. Sorry.
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Short answer: yes.
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