Let’s be clear about this. It’s not just a question of moral choices, it’s a question of which religion’s morality controls. Scalia, Thomas, Alito, and Roberts are all hard core Opus Dei “my God can beat up your God” Catholics, Kennedy not so much but he’s from California. I’m concerned that The Four + One will find a rationale similar to that used in Hobby Lobby to slip Catholic doctrine into the holding without expressly saying it’s their religious beliefs that are driving their opinions.
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If this was a decision involving a corporation, I’d agree with you. But we’re dealing with states, and while they can always pull out the “state’s rights argument”, it’s going to be hard to infuse their particular religious bent into this decision without calling for (or, at least, advocating) a state religion. The one place Kennedy has been anything but the Fifth Horseman is on social issues, and I believe he’ll go with the “liberal” side of the court on this one.
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Scalia knows that, too. That is why his dissent in Kennedy’s Lawrence decision was so apoplectic.
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I almost believe that he did it in purpose, because he did it more than once. Lawrence & Windsor. My guess is that this is his way of “being right.” even if he opposes the viewpoint. He wins either way.
That figures, I forgot the total douche angle.
The Loving v Virginia interracial marriage case was decided unanimously by the SCOTUS. The fact that we are even having a discussion about a 5/4 ruling in this case is depressing and shows just how out-of-touch this court is with the daily lives of millions of actual American citizens.
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I got schooled on hear about this once w hen I expressed similar concerns. It turns out Kennedy is in the gay column. http://online.wsj.com/news/articles/SB10001424052702304500404579125862192123886
well theres no diffrence to his sodomy rulling since he and the conservative supream court made it Ok for the very wealthy with citizens united to screw america up the ass …without lube lots of frakin oil but no lube
Scalia has been embarrassing these judges’ profession for years, and payback, Tony, is a bitch.
Kennedy is the one who articulated the rationale upon which these cases are being decided. IOW, all of these federal court decisions are his doing.
The question is whether these Opus Dei Fucked Four are gonna rule on the right side of history.
I have my doubts Roberts will deny Kennedy a shot to write the apex of a series of pro-gay rulings but do think there is a fair possibility Roberts will concur in judgment if they take on a law like the one in VA which denies even civil unions to same sex couples (it even goes further than that). He will suggest civil unions are enough.
I’m pretty sure Scalia does little more than seethe.
♬ “How do you solve a problem like Scalia…” ♬