‘Argle-Bargle’ & Sodomy: Justice Scalia Dissents on DOMA Vote

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Some may be confused as to what ‘side’ Justice Scalia is on, one day seeming to vote for civil rights, and another day lashing out against ‘homosexual sodomy.’ Justice Scalia voted for the change of the Voting Rights Act, forcing the law to adjust to being consistent with its times. Yet he dissented against the defense of marriage act, which seems not progressive of him. It is easy to see why there is confusion as to where Justice Scalia’s heart lies.

Law students and enthusiasts likely have tried to guess at the heart and motivations of the Justices, by examining where they lean through the decisions they make when the Supreme Court grants certiorari. In that time when the critical cases come into consideration, each Justice will issue their argument and opinion. In this way we can get to know the Justices, through their dissenting arguments, or through their lengthy essay-like speeches of assenting opinion. Unfortunately the binary human mind likes to place the simple ‘liberal’ or ‘conservative’ stamp onto people. Centrists and moderates rarely have too much of an impact, although in the last presidential race, those swing voters were seen by Mitt Romney as having a true impact. Former presidential candidate Mitt Romney aside, the conservatism of Justice Scalia was well seen as he took it upon himself to become a champion of the institution of marriage, as well as hetero-orthodox America. Scalia argued that the question of same-sex marriage should be left to Congress and the states.

  

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Justice Scalia wrote an immense and angry rant, moving from­ accusing the court of “adjudging those who oppose the change in the law as hostes humani generis, enemies of the human race and human decency.” He also felt that the court was overstepping its boundaries. “We might have let the people decide, but that the majority will not do. Some will rejoice in today’s decision, and some will despair at it; that is the nature of a controversy that matters so much to so many. But the Court has cheated both sides, robbing the winners of an honest victory, and the losers of the peace that comes from a fair defeat. We owed both of them better. I dissent,” the Huffington Post reported.

However, the Prevailing opinion of the majority of Supreme Court justices was that treating people differently in their marriage or potential marriage as a separate class of people who are not entitled to the same federal rights as others because of their sexuality, gender or sexual preferences is unconstitutional.  As the defense of marriage act was overturned, all couples will receive equal protections under the law and will have their rights retained and protected under the Constitution.