Antonin Scalia
June 27, 2013
[Note: Yesterday, June 26, the Supreme Court issued its decision in United States v. Windsor, ruling 5-4 that DOMA, The Defense of Marriage Act, is unconstitutional. Justice Kennedy provided the decisive vote, siding with the Court's four dependably liberal justices, Ginsberg, Breyer, Sotomayor, and Kagan.
Justices Roberts, Alito, Thomas, and Scalia dissented. The link above is to the Pdf file of the entire decision, which is where the Scalia dissent is to be found. TTP here presents, as a public service, the extraordinary dissent of Justice Scalia in its entirety, of over 8,000 words, in easily readable form. It is quite possibly the most blistering, scathing moral denunciation of a majority opinion by a dissenting justice in Supreme Court history.
He condemns the Court majority for "formally declaring anyone opposed to same-sex marriage an enemy of human decency," for accusing "the Congress that enacted this (Defense of Marriage) law and the President who signed it of... act(ing) with malice - with the ‘purpose to disparage and injure' same-sex couples."
Scalia is stunned by the majority's vitriol at "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."
This is a brilliant exercise in judicial, constitutional, and moral reasoning. It is worth reading entire. -JW]
This case is about power in several respects. It is about the power of our people to govern themselves, and the power of this Court to pronounce the law. Today's opinion aggrandizes the latter, with the predictable consequence of diminishing the former. We have no power to decide this case. And even if we did, we have no power under the Constitution to invalidate this democratically adopted legislation. The Court's errors on both points spring forth from the same diseased root: an exalted conception of the role of this institution in America.
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